
ffa»;. LBOjSQ, 



Book. 



/t?7 



PRESENTED BY 



THE 

SCHOOL LAW 

OF 

WEST WIRGINIA 

AND 

Opinions OF the Attorney-General and 
Decisions of the State Superin- 
tendent OF Free Schools 






w 



IVitli lS,2cplaitaJbions and. Fppms. 



BEVISED AND ARRANGED BY 

J. R. TROTTEH, 

STATE SUPERINTENDENT OP FREE SCHOOLS. 




CHAELESTON : 
WILL E. FORSYTH, PUBLIC PRINTEB, 

1897. 






APR lS.|90e 



eONSTITUTIONAL PR0YK3I0NS 



RELATING TO THE 



School System of West Virginia. 



ARTICLE IV. 

» * * * « » 

5. Every person elected or appointed to any office, oath of office, 
lief ore proceedina;; to exercise the authority, or discharge 

the duties thereof, shall make oath or affirmation that Ee 
will support the Constitution of the United States and 
the Constiution of this State, and that he will faithfully 
discharge the duties of his said office to the best of his 
skill and judgment; and no other oath, declaration, or 
test shall be required as a qualification, unless herein 
otherwise provided, 

6. All officers elected or appointed under this Consti- Rpmovai from 
tution, may, unless in cases herein otherwise provided °®*^'*- 

for, be removed from office for official misconduct, 
incompetence, neglect of duty, or ^ross immorality, in 
such manner as may be prescribed by general laws, and 
vmless so remoTcd, they shall continue to discharge the 
duties of their respective offices, until thoir successors 
are elected, or appointed and qualified. 



8. The Legislature, in cases not provided for in this Legislature to 
Coiistitution, shall |)rescribe by general laws, the terms terms^of office 
of office, powers, duties and compensation of all |)ublic 
officers and agents, and the manner in which they shall 
be elected, appointed and removed. 

ARTICLE Vill. 

27. Each county shall be laid oil into districts, not Districts. 
less than three nor more than ten in number, and as 
nearly equal as may be in territory and population. 



A 



School Law of West Vieginia. 



AETICLE IX. 



County 
officers 8ub- 
jsct to Indict- 
ment. 



4. The Presidents of the County Courts, the Justices 
of the Peace, Sheriffs, Prosecuting Attorneys, Clerks of 
the Circuit and of the County Courts, and all other 
county officers, shall be subject to indictment for mal- 
feasance, misfeasance, or ne/>;lect of official duty, and on 
conviction thereof, their offices shall become vacant. 

I. I am inclined to the opinion that the words "lill other county oiiicers." 
as used in this section, Include members of boards of education, although 
they a,re elected In districts. This Is by no m«4ns clpar, however. This 
section li in fore* ex proprto i;rfifO)-e; and needs no additional legislation. — 
Alfred Caldwell, Attorney-General . 

ARTICLE X. 



Capitation 
tax. 



2. The Legislature shall levy an annual capitation tax 
of one dollar upon each male inhabitant of the State 
who has attained the age of twenty-one years, which 
shall be annually appropriated to the support of Free 
Schools. Persons afflicted with bodily infirmity may be 
exempted from this tax. 



Powar of L9g- 
Islftture to 
levy. 



5. The power of taxation of the Legislature shall 
extend to provisions for the y^ayment of the State debt, 
and interest thereon, the support of free schools, and 
the payment of the annual estimated expenses of the 
State; but whenever any deficiency in the revenue shall 
exist in any year, it shall, at the regular session thereof 
held next after, the deficiency occurs, levy a tax for the 
ensuing year, suffi'cient with the other sources of income, 
to meet such deficienc}^, as well as the estimated expenses 
of such year. 



County taxes 
not to exceed 
etc. 



7. County authorities shall never assess taxes, in any 
one year, the aggregate of which shall exceed ninety- 
five cents per hundred dollars valuation, except for the 
support of free schools; payment of indebtedness exist- 
ing at the time of the adoption of this Constitution; and 
for the payment of any indebtedness with the interest 
thereon, created under the succeeding section, unless 
such assessment, with all questions involving the in- 
crease of such aggregate, shall have been submitted to 
the vote of the people of the county, and have received 
three-fifths of all the votes cast for and against it. 

See Brannon vs. County Court, 33 W. Va., p. 789, coustru- 
iriff this section. 



School Law of West Vieginia. 5 

8. No county, city, school district, or municipal cor- ^'""'^^^^ ^^- 
poration, except in cases where such corporations have 
already authorized their bonds to be issued, shall here- 
after be allowed to become indebted, in any manner, or 
for any purpose, to an amount, including existing in- 
debtedness in the aggregate, exceeding five per centum 
on the value of the taxable property therein to be ascer- 
tained by the last assessment for State and county taxes, 
previous to the incurring of such indebtedness; nor with- 
out, at the same time providing for the collection of a 
direct annual tax, sufficient to pay, annually, the interest 
on such debt, and the principal thereof, within, and not 
exceeding thirty-four years; Provided, That no debt No debt except 
shall be contracted under this section, unless all ques- people^ ° 
tions connected with the same, shall have been first sub- 
mitted to a vote of the people, and received three-fifths 
of all the votes cast for and against the same. 

ARTICLE XII. 

1. The Legislature shall provide by general law, for 
a thorough and efficient system of Free Schools, 

See4 W. Va.,p.499. 

2. The State Superintendent of Free Schools shall <3-«nerai 

i_ T ••£•(■ 11 ij! supervision. 

have a general supervision oi free schools, and perform 
such other duties in relation thereto as may be pre- 
scribed by law. If in the performance of any such duty . 
imposed upon him by the Legislature, he shall incur any 
expenses, he shall be reimbursed therefor; Provided^ 
The amount does not exceed five hundred dollars in any 
one year. 

3. The Legislature may provide for county surjerin- county super- 

. 1 , T 1 j_i /r^ 1 J intendents. 

tendents, and such other officers as may be necessary to 
carry out the objects of this Article, and define their 
duties, powers and compensation. 

4. The existing permanent and invested school fund, school Fund. 
and all money accruing to this State from forfeited, de- 
linquent, waste and unappropriated lands; and from 

lands heretofore sold for taxes and purchased by the 
State of Virginia, if hereafter redeemed or sold to others 
than this Stale; all grants, devises or bequests that may- 
be made to this State for the purposes of education or 
where the purposes of such grants, devises or bequests 
are not specified; this State's just share of the literary 
fund of Virginia, whether paid over or otherwise liqui- 
dated; and any sums of money, stocks, or property, 
which this State shall have the right to claim from the 



6 School Law of West Vieginia. 

State of Virginia for educational purposes; the ])roceeds 
of the estates of persons who may die without leavioo; a 
will or heir, and of all escheated lands; the proceeds of 
any taxes that may be levied on the revenues of any cor- 
poration; all moneys that may be paid as an equivalent 
for exemption from military duty; and such sums as 
may, from time to time, be appropriated by the Legis- 
lature for the purpose, shall be set apart as a separate 
fund to be called the "School Fund," and invested mi- 
der such regulation as may be prescribed by law, in the 
interest bearing securities of the United States, or of 
this State, or if such interest bearing securities cannot 
Board of the be obtained, then said "School Fund" shall be invested 
c 00 uu . ^^ such other solvent interest bearing securities as shall 
be approved by the Governor, Superintendent of Free 
Schools, Auditor and Treasurer, who are hereby consti- 
tuted the "Board of the School Fund," to manage the 
same under such regulations as may be prescribed by 
law; and the interest thereof shall be annually applied 
to the support of Free Schools throughout the State, 
and to no other purpose whatever. But any portion of 
said interest remaining unexpended at the close of the 
fiscal year shall be added to, and remain a part of, the 
capital of the "School Fund"; Provided^ That jill taxes 
which shall be received by the State upon delinquent 
lands, except the taxes due to the State thereon, shall be 
refunded to the county, or district by or for which the 
same. were levied. 

pvfvi!5'*f^-i^ *^° '^' The Legislature shallprovidefor the support of free 
Fiee Schools, schools, by appropriating thereto the interest of the 
invested "School Fund", the net proceeds of all forfeit- 
ures and tines accruing to this State under the laws 
thereof; the State capitation tax; and by general taxa- 
tion of persons and property, or otherwise. It shall also 
provide for raising, in each county or district, l)y the 
authority of the peoy)le thereof, such a proportion of 
the amount required for the support of Free Schools 
therein as shall be prescriljed by general laws. 

6. The school districts into which any county is now 
divided shall continue until changed in pursuance of 
law. 

Levies to be "^^ All Icvios that may be laid l>y any county or dis- 
chrk*of° trict for the purpose of free schools shall be reported 
County Court, to the Clerk of the County Court, and shall, under such 
regulations as may be prescribed i~>Y law, be collected 
' by the Sheriff, or other collector, who shall make an- 
nual settlement with the County Court; which settle 



School Law of West Vieginia. 7 

ments shall be made a matter of record bj the Clerk 
thereof, in a book to be kept for that purpose, 

8. White and colored persons shall not be taught in 
the same school. 

9. No person connected with the free school system school officers 
of the State, or with any educational institution of any fnterested in 
name or oT^ule, under State control, shall be interested °*^* °^ '°°<^^8 
in the sale, proceeds or profits of any book or other 

thing- used, or to be used therein, under such penalties 
as may be prescribed by law; Provided., That nothing; 
herein shall be construed to apply to any work written 
or thing invented 1.)}^ such person. 

10. No independent Free School district, or organiza- ludependent 
tion shall hereafter be created, except with the consent ^'^'"'^^^ 

of the school district or districts out of which the same 
is to be created, expressed ))y a majorit}" of the voters 
voting on the question. 

11. No appropriation shall hereafter be made to any Normal 
State Normal School, or branch thereof, except to those '^'^^°°'°- 
already estal>lis}ied, and in operation, or now chartered. 

12. The Legislature shall foster and encourage moral, Legislature to 
intellectual, scientitic and agricultural improvement; it pj'oveme^nts™ 
shall, whenever it may be practicable, make suitable 
provision for the blind, mute and insane, and for the 
organization of such institutions of learning as the best 
interests of general education in the State may demand. 



School Law of West Yirginia. 



THE SCHOOL LAW. 

CHAPTER XLV. 

Of Education. 

School dis- 1 . Every mao;isterial district in each of the counties 

tricts. q£ ^j^g State shall be a school district, and the same shall 

be divided into such number of sub-districts as may be 
necessary for the convenience of the free schools 
therein. The present districts and sub-districts shall 
remain until changed in the manner prescribed by law. 
couuty'super- 2. A county superintendent of free schools in each 
T^^^m'of'oflice county shall be elected by the voters thereof, at the 
' general election held on the Tuesday after the first Mon- 
day in November, 1894, and every four years thereafter, 
whose term of office shall commence on the first day of 
July next after his election and continue for four years 
and until his successor shall be elected and qualified 
according to law. 
Election of There shall also bo elected at said election, in each 

President and district of the county, by the voters thereof, and every 
siouers . Term four vcars thereafter, a president of the board of educa- 
of office. Hon., whose term of oflice shall commence on the first 
day of July next after his election, and continue for four 
years, and until his successor is elected and qualified 
according to law. There shall also be elected at the 
same time in each district in the county by the voters 
thereof, one commissioner at the general election held 
on the Tuesday after the first Monday in November, 
1894, a successor to the commissioner elected in May, 
1891. and every two years thereafter one commissioner, 
whose term of office shall commence on the first day of 
July next after their election, and continue for four 
years, and until their successors are elected and qualified 
according to law. 
Board of edu- The Said president and commissioners shall constitute 
constituIe^.° tli© board of education in the district in which they are 
elected. No person shall be eligible to more than one 
office under the provisions of this chapter at the same 
time. The county superintendent of free schools shall, 
immediately upon receiving the certificate of election 



School Law of West Virginia. 9 

from the commissioners of the county conrt, forward a 
written notice thereof to the State Superintendent of 
Free Schools. 

In case of a tie in the vote for members of the board Ji^.^o";^; ^°w 
oi education, the county superintendent of free schools 
shall o-ive the castino- vote; and in case of a tie in the 
vote for a county superintendent of free schools, the 
presidents of the several boards of education in the 
county shall, at a meeting- called for that purpose, at the 
court house of the county, by the clerk of the county 
court, not less than six nor more than twelve days after 
the result of such election is ascertained, appoint one of 
the persons receivino; the highest number of votes for 
said office, at the said election, as county superintendent 
of free schools, who shall give notice as aforesaid to the 
State Superintendent of his appointment. A notice of 
such meeting shall he made out by the clerk of the 
county court, and served upon each president of the 
board of education in the county at least three days 
))efore the day of such meeting, by the sheriff, or other 
officer, to whom the same may be delivered to be served. 

The ballots used at said election shall also have writ- 
ten or printed thereon the words, 'Tor school levy", or Levy. 
"Against school levy", as the voter may choose, and the 
boards of ballot commissioners in the several counties of 
this State shall have printed at the bottom of each ticket 
on the official ballot in seperate lines the words ' "For 
school levy", and "Against school levy"; and upon the 
application of the board of education of any district they 
shall also have printed on said ballots the words, "For increase in 

months school", and "Against months school", i^'^^tiiof 

as provided m this chapter. 

If a majority of the ballots cast upon the question of 
laying the school levy in a district, have written or 
printed thereon, "For school levy", it shall be the duty 
of the board of education to make the levies required by 
the 38th and 40th sections of this chapter, annually, for 
the next four years; but if a majorty of the ballots cast in a 
district have written or printed thereon, "Against school 
levy", no levy shall be made by said board for the year 
next succeeding. But it shall be the duty of said board special eie>-- 
to cause a special election to be held on the Tuesday pu^'os^ ^'^^'^ 
after the lirst Monday in November, next thereafter, at^^^*^"- 
which the question of levy, or no levy, shall in like man- 
ner be again submitted to the people for their decision, 
and if a majority of the ballots cast at such special elec- 
tion be, "For school levy", such levy shall be made as 
hereinbefore required. 

Of every such special election the secretary of the gfye^no'i^c^e" of 
board of education of the district shall give notice, by&iectiou. 



10 



School Law of West Virginia. 



Commis- 
sioner of 
electaon. 



Trustees; 

appointmeut 

of 



posting the same at each place of voting; in the district 
at least ten days before the day on which the same is to 
be held. The election to be held on the third Tuesday 
in May, 1893, for the purpose of electing county super- 
intendents of free schools in the different counties of 
this State, and members of the various boards of educa- 
tion, shall be held according to law; but their terms of 
office shall expire as soon as their successors are elected 
and qalilied, at the election to be held on the first Tues- 
day after the first Monday in November, 1894. 

I. A person elected to any ofiBce, whether State, county or district, must 
be a i-esident of the political division to which his powers and duties are 
limited. (See Code, chap. vii. sec. 8.) 

3. Any person who may act as commissioner of any 
election, held under any of the provisions of this chap- 
ter, who shall wilfully reject the vote of any person en- 
titled to vote at said election, or receive the vote of any 
person not so entitled, or who shall knowingly make 
any false return of the result of any such election, or of 
any poll held at any place of voting, shall be guilty of 
a misdemeanor, and nned not less than fifty dollars, and 
imprisoned not less than twenty days. 

4. At the meeting of the district board ofeducation, 
held on the first Monday in July, 1881, they shall ap- 
point three intelligent and discreet persons, as trustees 
for each sub- district in their district, one of whom shall 
be appointed for one year, one for two years, and one 
for three years; and the board of education shall there- 
after annuall}^ appoint one trustee, who shall hold his 
ofHce for three years; and the said trustees shall hold 
their respective oflices until their successors are appoint- 
ed and qualified. 



Vacancies. 5. Vacancies in the office of school trustee shall be 

filled by the board of education for the unexpired term; 
and in the board of education, by the county superin- 
tendent of free schools, for the unexpired term. 

n. The appointment of a person to fill a vacancy of president of the board 
oi education makes such person president of the board. 

III. Vacancy in the office of county superintendent is filled by the' presi- 
dents of the boards of edneadon. 



IV. Section 8 of Article XII. of the Constitution provides that the Legis- 
lature may provide for county superintendents and other school otllcers 
Muddelines their duties, powers and compensation. Sections of chapter 
-15 delegates to the county superintendent the power to fill vacancies in the 
board of education tor the unexplied term. I do not think section 7 of 
Article IV. of the Constitution or sections 8, 9 or 10 ol chapter i of the Code 
control as to apportionment of members of boaids ol education. 1 am, 
iherefoie. of the opinion that jjersons appointed by the county s\iperlnteu- 
dent to 1111 VHcaucles In the board of education hold for the unexpired 
term.— r. »S'. Filey , Attorney-General. 



School Law of West Virginia. 11 

5a. Eveiy school trustee, and every president Time in waict 
and commissioner of the board of education elected ^^'i^*^^^*^'- 
within this State shall, within ten days after his election 
has been duly declared, qualify as such by takino: and 
subscribing, before some one duly authorized to admin- 
ister oaths, within his county, the oath of office pre- 
scribed by section five of article four of the Constitution, 
which oath shall be filed with the secretary of the board 
of education of his district. 

6. The boards of education of the several ^^i-'^tricts |oaids of ^ 
shall hold their first meetino; for each school year on the arst meeting. 
first Monday in July. At this meeting they shall deter- 
mine the numljer of teachers that may l)c employed in 
the several sub-districts and fix the salaries that shall be 
paid to the teachers. In determining the salaries, they 
shall have regard to the gradj of teachers' certificates, 
fixing to each grade the salary that shall be paid to 
teachers of said grade in the several sub-districts, as fol- 
lows: Teachers having certificates of the grade of num- 
ber one, shall be paid not less than twenty-five dollars 
per month; those holding certificates of the grade of 
number two, not less than twenty-two dollars per month ; 
and those holding certificates of the grade of number 
three, not less than eighteen dollars per month. And 
the trustees of the several sub-districts shall in no case 
transcend or diminish the salaries so fixed in any con- 
tract they may make with teachers. 

A quorum of the board of education shall consist of Quorum. 
a majority of the members thereof, and in the absence 
of the president one of said members may act as such; 
but they shall do no ofiicial business except when as- 
sembled as a board, and by due notice to all the mem- 
bers, except that the president and secretary may sign 
orders upon the sheriff for any sum of money which 
may have been already ordered to be paid. 

'The members of the board of education shall receive ompensa- 
as compensation for his services the sum of one dollar 
and fifty cents per day, to be paid in like manner as the 
salary of the clerks of che boards of education; Pro- 
vided, That no member shall receive pay for more than 
six days' services in any one year. 

V. A board ot eduoftMon has n« authority to annul a teacher's eertlflcatc 
for any c-ause. Only the county board ot examiners can do this. 

VI. Boards ol eduoation fix the term of school for the whole district. 

VII. If a sub- district for any cause fail to have a school in any year it can 
nol have a longer term than the other schools of the district in the follow- 
ing year. 



on. 



12 School Law of West Virginia. 

VIII. It is the duty of the county superintendent to i^sue orders for the 
pay of members of the board of educBtion, if satisfied the service lias been 
rendered, but this sliould not be done before the first day of June of each 
year . 

IX. Members of boards of education of independent districts, where not 
otherwise specially provided, are entitled to pay as provided in the general 
school law. 

X. If officers of to\vn corporations also act as the school board for the 
independent district, they are entitled to the same pay as district school 
officers of the same grade"; Provided, they receive no compensation from the 
town corporation for their services. 

XI. Only one payment of ?l.5()per day, for not exceeding six days can be 
made for services of an/ member of a board of education, and the succes- 
sor gets nothing if the predecessor received pay for the six days allowed.— 

Alfred Caldwell, Altorney-General . 

XII. The board have the power to fix the salary to be paid teachers af a 
class based upon the grade of the certificate they hold, but in my opinion 
they ciiD not require the trustees to employ a teacher of a certain grade. 
The" trustees have the unquestioned right to employ a tea.rlier of any grade 
certificate which entitled him or her to teach, and pay the salary fixed by 
the board for that grade. — T. S. Riley , Allorney-Generai. 

wh^,^*IhL, o '^- The board of education of each district and inde- 

iiauiaiion a iiT-ini • i 

Corporation, pendent school district shall be a corporation hy the 
name of "The board of education of the district or inde- 
pendent school district of , in the county of 

", and as such may sue and be sued, plead and 

be impleaded; and as such corporation, shall succeed and 
be sulistituted to all the rig-hts of the former township 
and district boards of education; and may prosecute and 
maintain any and all suits and proceedings now pending, 
or which might have been brought and prosecuted in the 
name of any such former board of education for the re- 
covery of any money or property, or damage to any 
property due to or vested in such former board. 

The said board shall also be liable in its corporate ca- 
pacity for all claims legally existing against the board of 
education of which it is successor. Said board shall re- 
ceive, hold and dispose of according to the rules of law 
and the intent of the instrument conferring title, any 
gift, grant, devise or bequest, made for the use of any 
free school or schools under their jurisdiction; and with- 
out any transfer or conveyance, shall be deemed the 
owner of the real and personal property of their dis- 
trict, and the property of the former township or dis- 
trict for which their district was substituted. 
Process on Process and notice may be served on said corporations 

served. °^ by delivering a copy thereof to the secretary, or any two 
meml)ers of the l)oard. And all suits or proceedings 
now pending in any of the courts of the State, in the 
name of the board of education of any district for any 
demand or claim in favor of the l^oard of education of 
any township or district, are hereby made valid. 



School Law of West Virginia. 13 

8. The board of education, at their first meeting; after secretary of 
their election, shall appoint a secretary, rrho shall not be E'd^^fa^on^^ 
a member of the board, and who shall attend all meet- 
inojs of the board, and record their official proceedmo-g 
in a book kept for that purpose, which record shall be 
attested by his signature and the signature of the presi- 
dent of the board, and which shall, at all reasonable 
times, be open to the inspection of any person interested 
therein; he shall have the care and custody of all papers 
belonging to the board containing evidence of title, con- 
tracts or obligations, or being otherwise valuable, and 
preserve the same in his office, properly arranged for 
- reference, and shall record and keep on tile in his office 
siich papers and documents as the board or the law may 
direct. 

He shall keep such accounts and prepare and certify secretary: 
such reports and writings pertaining to the business of ^®i'°'^*^ "'^• 
the board, as the board or law may dirct. He shall pulv 
lish within three days after any meeting of the board of 
education an abstract of the proceedings thereof, })y 
posting the same at the front door of the place of meet- 
ing:. He shall within ten days after the annual levy is 
laid certify to the county superintendent of free schools, 
the total value of all property, real and personal, in his 
district, with rate of levy, and amount thereof, keeping 
separate the rates and amounts of teachers' and building 
funds; and said superintendent shall within twenty days 
certify the same to the State Superintendent of Free 
Schools, using blanks therefor, furnished by said State 
Superintendent. He shall also have authority to admin- 
ister oaths to school officers in all cases where they are 
required to take an oath as such. 

For his services as secretary he shall receive such secretary ; 
compensation as the board may determine from year to tlon'^oT''* 
year, not to exceed fifteen dollars, to be paid out of the 
building fund by an order drawn by the county superin- 
tendent, when after an examination by said superinten- 
dent of said secretary's books, they are found to be cor- 
rect. But such order shall not be drawn until the sec- 
retary shall have made his annual report to the county 
superintendent as hereinafter provided, and be approved 
by the said county superintendent. (See also Sec. 'Ji.) 

XIII. Tea :hers are school officers. 

XIV. The office of secretary of the board of edncatioa is held at the will 
of the b jard. The secretary "may be relieved at any time by the board. 

XV Secre'iaries o' boards of educ« tiou make but one report per year to the 
cunty superintendent. The two blanks are sent to each scc'retarythat he 
mav retain a copy of his report in his oflice. Special infonnaiion mustbefur- 
mshed by the secretary to the county saperiutendent at any time required. 



14 



School Law of West Virginia. 



Board of 
Kdueatlon ; 
powej e and 
duties oJ!. 



Change in 
sab-dlstrlct. 



Appeal to 
County Su- 
perintendent 



XVI. The secretary's annual report cannot he completed before the sher- 
iff's settlement with the board of education. County superintendents are 
forbidden by law to issue orders for the pay of secretaries until they pre- 
sent correct and complete reports. 

XVII. The law does not specify who shall call the meetings of tha board. 
The board should adoj)t a rule upon this subject at its first meeting in the 
bchool year, when all its members are present. 

9. The boards of education shall have general control 
and supervision of the schools and school interests of 
their districts; they may determine the number and 
location of the schools to be taught; chanf;-e the bound- 
aries of their sub-districts, and increase and diminish 
the number thereof, havino; due regard for the school 
houses already built, or sites procured, assigning, if 
practicable, to each sub-district not less than forty 
youths between the ages of six and twenty-one years; 
Provided^ That every village consisting of tifty inhabi- 
tants or more, shall be included in one sub- district. And 
^provided,, fui'ther^ That no change in any sub-district 
shall take effect, except immediately after the aonual 
apportionment of the general school fund. When such 
village as is mentioned in this section is divided by dis- 
trict or county lines, the said village shall be included 
in the sub-district, to be under the supervision of the 
board of education of the district to which the largest 
division of its territory is attached, and said board shall 
define and enter of record in the office of their secretary 
the several district and sub-district lines. 

Any person aggrieved by any decision of the board of 
education, changing the boundaiies of a sub-district, or 
increasing or diminishing the number of the sub- dis- 
tricts, in their district, under this section, may ax)peal 
therefrom to the county superintendent of schools, and 
have the same corrected, if erroneous. Every such per- 
son shall present to the county Buperintendent his peti- 
tion, signed b}^ himself and at least five other residents 
of the sub-district, stating the action of the board com- 
plained of, and the grounds of appeal; and the county 
superintendent shall thereupon fix a time and place for 
the hesiring of the appeal, and cause a notice thereof to 
be served upon the president or the secretary of the board 
of education, at least five days before the nearing. If, 
upon hearing the proofs and allegations of the parties, 
the superintendent be of the opinion that the action of 
the board complained of was illegal or improper, he 
shall reverse or correct the same; otherwise the said 
action shall be afiirmed. 



XVIII. Where the county court of a county changes the boundary lines 
of a district or increasf>9 or diminishes the number oi diatricta after the 
annual levy has been laid for school purposes, and the Sftlariea of teachers 
fixed iu the respective districts, and provides that such change or changes 
shall take effect before the end of the school year (June 80), the schools and 



School Law of West Virginia. 15 

school otQcera should continue as if no change had been made, making: 
settlements, Ac, until the close of the year, when the changes ordered 
snouW be recognized. 

XIX. The building of school houses is discretionary with the boards of 
education. There Is no power In any other court, body or person to compel 
them to build a school house.— Ayred Caldwell, Attorney-General. 

XX. The appeal to the county superintendent under this section Is United 
to cases Involving the changing ol boundaries of a sub-district, or Increas- 
ing or diminishing the number of sub-districts. 

10. The board of education shall cause to be kept in schools must 
every sub-district of their district, by a teacher or ^ ^^^^ 
teachers of competent ability, temperate habits and 
s^ood morals, a sufficient number of primary schools for 
the instruction of the persons entitled to attend the same, 
and should the trustees of any sub-district neglect or 
fail to employ a teacher for their sub-district, upon 
complaint thereof, it shall be the duty of the board of 
education to do so. 

The following persons when residing in a sub-district, who may 
with intent to make such sub-district their home, shall "^^ 
have a right to attend and receive instruction at the 
primary schools thereof, that is to say: Every youth 
between the ages of six and twenty-one years, shall have 
such right; and any other person wishing to receive 
instruction at any iree school in this State, shall have 
a right, with the assent of the trustees, to attend such 
school, and the teacher or teachers there employed shall 
give instruction to such person the same as is required 
by law for other persons, upon the payment of tuition who to pay, , 
fees, not to exceed one dollar and fifty cents per month ^^^it'ou- 
for each pupil, and upon such other terms as the trus- 
tees of the sub-district may prescribe. Said tuition fees 
shall be paid in advance to the sheriff, who shall give 
his receipt therefor, and place the amount to the credit 
of the teachers' fund of said district. 

lOff. Every person having under his control a chil(t1^^™P^^^°JJ 
or children between the ages of eight and fourteen years, 
shall cause such child or children to attend some public 
school in the city, independent district, or district in 
which he resides, and such attendance shall continue for 
at least sixteen weeks of the school year, provided the 
school be in session as many as sixteen weeks, and for 
every neglect of such duty the person offending shall be 
guilty of a misdemeanor, and shall upon conviction 
thereof before any justice be fined two dollars for the' 
first offense, and five dollars for each subsequent offense. 
An offense, as understood in this act, shall consist in fail-, 
ure to send to school any child or children for five cod- 
secutive days, except in case of the sickness of sucb^ 
child or children or other reasonable excuse. ^ 



16 



School Law of West Virgikia. 



Trustee and 
teacher to 
Inform. 



/ 



And it shall be the duty of every trustee and teacher 
to inform against any one so offending and upon a fail- 
ure so to do they shall be guilty of a misdemeanor, and 
be lined not exceeding five dollars; I'Provided^ That if 
such child or children have attended lor a like period of 
time a private day schcol, or if such child or children 
have been other vv'ise instructed for a like period of time 
in the branches of learning required by law to be taught 
in the public schools, or have already acquired such 
branches, or if his physical or mental condition is such as 
to render such attendance inexpedient, or impracticable, 
such penalty shall not be incurredf] Provided^ further, 
That in case there be no public school in session within 
two miles by the nearest traveled road, of any person in 
the school district, he shall not be liable to the provisions 
of this act. 

Any fines so collected shall be placed to the credit of 
the building fund of the district. 

If sixty per cent, of the legal voters of any city, inde- 
pendent district, or sub-district shall petition the board 
of education against the enforcement of this act, the said 
act, so far as that sub-district is concerned, shall be null 
and void until the beginning of the next school year. 

Justices of the peace shall have jurisdiction in all 
violations of this act in their respective counties. 



XXI. A teacher has no authority to admit or exclude pupils from a 
school, whether from the same or another sub-district, without the consent 
and direction of the trustees of the school. This does not refer to his 
right to suspend a pupil for disorderly conduct. 



Branches to 
be taught. 



XXII. The teacher has no right to receive the tuition of pay pupils and 
have it deducted from his month's salary when his order is drawn. 

11. In the primary schools there shall be taught 
orthography, reading, penmanship, arithmetic, English 
grammer, physiology, general. United States and State 
history, general and State geography, single entry book- 
keeping, civil government, and in addition thereto the 
theory and art of teaching. It shall be the duty of the 
State Superintendent to prescribe a manual and graded 
course of primary instruction to be followed in the 
country and village schools throughout the State, arrang- 
ing the order in which the several branches shall be 
taken up and studied, and the time to be devoted to 
them, respectively, with provisions for advancement 
from class to class, also for the examination and gradua- 
tion of all pupils who satisfactorily complete the pre- 
scribed course. 



. XXIII, A board of education has no authority to prescribe additional 
branches to those provided by law, or to require them to be taught. 



School Law of West Virginia. 17 

XXXI. The Theory and Art of Teaching as enumerated in Section 11, is 
not to be understood as being one oi the branches required to be taught in 
the primary schools, but teaeiiers are required to pass an examination in 
tlie same, — See Section 29, — as they are in all branches required to be taught 
under the provisions of this section. 

XXXII. Trustees should be very careful not to unnecessarily interfere 
with a reacher in relation to matters pertaining to the conduct and govern- 
meTjtof his school. I do not think a teacher should be compelled to give 
instruction to pupils * * in all branches prescribed by law without ref- 
erence 10 proper grade. — Alfred Caldwell, Attorney-General . 

XXXIII. It is the official duty of the county superintendent to see that 
the graded course of study for country and village sohoola is thoroughly 
introduced into the said schools of his county. But it is not the county 
sapt rintendent alone upon whom this responsibility rests . The law makes 
it the duty of members and secretaries of boards of education and of trus- 
tees and teachers as well, to perlorm their whole duty, seeing to it that the 
course of study, with grading according to accompanying plan, shall be 
fully Introduced into every country and village school in the State. 

11a. I. That the nature of alcoholic drinks and nar- Nature and 
cotics, and special instruction as to their effects upon the hou^c dr/nks''"" 
human system, in connection with the several divisions must be 
of the subject of physiology and hygiene, shall be in- *'^"^'^*- 
eluded in the branches of study taught in the common or 
public schools, and shall be taught as thoroughly and in 
the same manner as other like required branches are in 
said schools, and to all pupils in all said schools through- 
out the State. 

11. It shall be the duty of the proper officer in control Fine for faii- 
of any school described in the foregoing section to en- ^^^ *° teach. 
force the provisions of this act; and any such officer, 

school director, committee, superintendent or teacher who 
shall refuse or neglect to compl}'- with the requirements 
of this act, or shall neglect or fail to make proper pro- 
visions for the instruction required and in the manner 
specified by the first section of this act, for all pupils in 
each and every school under his jurisdiction, shall be re- 
moved from office, and the vacancy filled as in other 
cases. 

III. No certificate shall be granted to any person to Teachers to be 
teach in the public schools of the State, after the first of e^a^^iued. 
January, annodomiui, eighteen hundred and eighty-nine, 
who has not passed a satisfactory examination in physi- 
ology and hygiene, with special reference to the nature 
and the effects of alcoholic drinks and narcotics upon 
the human system. J 

12. The trustees shall be under the supervision and Trustees 
control of the board of education, and in all cases the on^e board "^^ 
action of the trustees shall be subject to the revision 

and correction of the boara of education, on the motion 



18 



ScHOOi Law of West Vieginia. 



Transfer of 
pupils. 



©f any member thereof, or upon the complamt ki writ- 
ino- of any three tax-payers of their sub-district. 

Whenever it shall happen that the persons authorized 
to attend school are so situated as to be better accommo- 
dated at the primary school of an adjoining sub-district, 
whether in the same or in an adjoining district or county, 
or whenever it may be necessary to establish a school 
composed of pupils from parts of tv/o sub-districts, 
whether in the same or in an adjoining district or county, 
it shall be the duty of the trustees of the sub-districts 
interested to transfer such persons for school purposes 
to the sub -district in which such school house is, or may 
be, situated; bat the enumeration of youth shall be taken 
in each sub-district as if no transfer had been made, and 
the trustees of the sub-district in which the school is sit- 
uated shall have the management of such school. 

But in all cases of transfer of pupils from one district 
to another, the board of education of the district from 
which the transfer is made shall pay to the board of 
education of the district in which the school is carried 
on, such proportion of the cost of said school, as the 
scholars so transferred bear to the whole number of 
scholars taught in such school. 



XXXIV. "This section was not intended nor does it authorize trustees 
to transfer pupils from a suh-districc to an independent school district." — 

Alfred Caldwell, Attorney General. 

XXXV . Tlie cost of the tuition of the transferred pupils should be estimat- 
ed from the time the transfer takes effect until it expires r r the pupils are 
withdrawn. 

XXXVI. No transfer is complete until the trustees of the suh-distriet to 
which transfers have been made have agreed to accept the pupils. 

XXXVII. When pupils are transferred to an adjoining sub-district in 
another district it is the duty of the trustees making the transfers, although 
they are not required to do so by statut*. to notify their board of education 
of all transfers made ly them, and the said board of education is required 
by this section to pay to the board of education of the district to which the 
pupils have been transferred such proportion of tlie cost of said school or 
schoc^s as the ptJpils so tiansferred bear to the v^^hole number of pupils 
taught in said schools during the time of the transfers. 



Time of elect- 

Aig teac tiers. 



Form of 
contract. 



13. The trustees of every sub-district shall have 
charge of the schools therein and shall meet at the 
school house of their sub-district on the third Monday 
in July of every year, or as soon thereafter as prac- 
ticable and appoint a teacher or teachers for the coming 
session of their school, and in such appointment at least 
two of the trustees, who are the trustees for the ensuing 
year, shall concur, and such appointment shall be in 
writing in the form of a contract, according to the form 
furnished by the State Superintendent of Free Schools 
and said form shall state that the trustees whose signa- 
tures are affixed thereto, met together as herein re- 



School Law of West Virginia. 19 

quired, and said contract shall be filed with the secre- 
tary of the l)oard before the beo-inning of the term for 
which said teacher is employed. 

If the appointment of Jiny teacher be otherwise than 
at a meeting herein authorized, the board of education 
may declare such contract illegal, if the declaration be 
made by the board before the time mentioned in the 
contract for the beginning of the school term. Any Teacher may 
teacher so appointed may be removed by the trustees or ® ^'•'^"'^^ 
by the board of education for incompetency, neglect of 
duty, intemperance, profanity, cruelty, or immorality. 

The trustees shall exclude from any school under their PupUmay he 
charge any person having a contagious or infectious dis- expelled! ^^ 
ease, and they may suspend or expel any scholar found 
guilty of any disorderly, refractory, indecent, or im- 
moral conduct, and may refuse to admit such scholar 
again to the school until satisfied that he will properly 
conduct himself thereafter. But the trustees shall take 
no action or proceeding relating to the removal of 
teachers or the suspension or expulsion of any scholar 
from school unless at a meeting of which the trustees 
have all had notice, and when at least t-svo of their num- 
ber shall be present and concur in such action or pro- 
ceeding, and their action in each particular shall be sub- 
ject to the revision and correction of the board of edu- 
cation upon complaint in writing of a majority of the 
patrons of the school, residing within the sub-district in 
which such action has been taken. Any trustee may, Trustee may 
for good cause shown be removed from office by the ^'^ removed. 
board of education upon live days notice in writing, of 
the cause alleged for his removal, and of the time and 
place the board will take action thereon. 

Whenever at the end of any school month the daily scir^is may 
average attendance for that month has been less than unued!''^ 
thirty-five per cent, of the whole number of pupils 
enumerated in the sub-districts, the trustees may dismiss 
the teacher and discontinue the school, unless otherwise 
directed by the board of education; and no high school 
shall be continued if at the end of any school month, it 
has not had an average daily attendance of twenty-five 
scholars. 

And it is further expressly provided that should any Bribery of 
trustee of any sub-district or member of the board of 
education receive any money or other thing of value for 
his aid, assistance or vote in securing to any teacher a 
school or employment in anj^ district or independent 
school district in the State, in which said trustee or 
member of the board of education is authorized by law 
to act, shall be guilty of a felony and upon conviction 
thereof shall be punished as provided in chapter 147 of 



20 School Law of West Virginia. 

the Code of this State, and the teacher who offers or ten 
ders to such trustee or member of the board of education 
any money or other thing of vahie to influence the same, 
in aid of securing a school, he shall be liable to punish- 
ment as provided in said chapter. 

XXXVIII. Neither boards of education nor trustees have authority to 
employ a person to teach in the free schools of tliis State unless such per- 
son presents a certificate in duplicate still in force of his qualiflcatiou to 
teach a school of the grade for which he applies. For decision regarding 
duplicate certifiate, see same under section 28. Teachers employed as 
substitutes should hold same grade of certificate as those whose places 
they fill. 

XXXXIX. A teacher has the right to punish pupils placed under his 
charge for infractions of the rules governing the school. But like the 
parent who has the right to enforce obedience, he is answerable for the 
abuse of the trust. 

XL. The trustees of a school have authority to contract with a teacher 
for the length of time and the price per month prescribed by the board of 
education, and the board must provide for its payment. 

Trustees shaij 14. The trustees shall visit every school under their 
rnspect"^ charge within two weeks after the opening-, and again 
schools. within two weeks before the close thereof, and at such 

other times as in their opinion may be useful to do so. 
During such visits, they shall inspect the register of 
every teacher and see whether it has been properly kept, 
and ascertain whether the scholars have supplied them- 
selves with books and other things requisite for their 
studies, whether the school house and groundb, furni- 
ture, apparatus and library are kept in good order; 
whether anything injurious to the health is suf- 
ered to remain about the house or grounds, and 
whether the school house is well ventilated and 
kept comfortable, as the season may require; and where 
it is necessary, provide and promptly apply the proper 
remedy. 

They shall also during such visits make s\ich examina- 
tion and enquiry as they may deem useful respecting the 
studies, discipline and general condition of the school, 
and the conduct and proficiency of the scholars; and give 
such directions or make such suggestions to the teachers, 
as in their opinion, will promote the interest of the 
school, and the health, morals and progress of the 
scholars. 

XLI. The duty of visiting the schools is made obligatory upon the trus- 
tees, and they should faithfully comply with the law in this matter. 

XLII. The leading object of the trustees on this, their first visit, should 
be the examination of the sanitary condition of the school building and 
out-houses. The health of both teachers and pupils depend upon health- 
ful surroundings. 

keep school 15. They shall cause the school houses under their 
oTdef, ^° charge and everything pertaining thereto, to be kept in 



School Law of West Virginia. Ul 

good order and repair, and for this purpose it shall, 

among other things, be their duty to cause proper suits 

and prosecutions to be insiituted, in the name of the 

board of education of the district or otherwise, against 

every person who shall injure or destroy any school 

property of which the said trustees have charge; and 

they shall not, without the permissiou of the district 

board of education, allow said school houses to be used 

for any other purpose whatever, except for the purpose Trustees may 

of holding religious or literary meetings and Sunday ^'„\*^^y,^'^^°^ 

schools, equally by the various religious denominations "sed for cer- 

that may apply for the same, and further for such other ^"^ purposes. 

meetings as may be considered beneficial to the public 

generally under such regulations as to the care thereof 

as may be prescribed by them; Provided^ That such 

meetings shall not interfere with the public schools. 

The trustees shall furnish to the board of education 
estimates of all improvements necessary to the preserva- 
tion or repair of buildings, grounds and furniture under 
their charge. 

XLIII. The trustee? of a school may allow religious exercises held in 
their school house. They may prescribe conditions, etc. They may refuse 
to allow^ the sf hool house to be used for this purpose. In either case, on 
motion of any member of the board of education, or thn petition in writing 
of three tax-payers of the sub-district, tne action of the trusiees may be 
reviewed and reversed or affirmed. The county superintendent has no 
authority in the matter. 

XLIV "Debating societies," teachers' meetings, school exhibitions and 
spelling-schoois, togetlier with any other meetings, having for their object 
the advancement of the school interests of the sub-district, and being of a 
literary character, if conducted in a respectable manner, come within the 
meaning of the words "literary meetings," as used in the fifteenth section 
of the school law. 

XLV If the trustees of a school refuse the use of a school house for 
religious purposes, an appeal may be taken to the board of edu'-ation. The 
decision of the board is final, either for or against. They may absolutely 
exclude all denominations from the school house. 

XLVI. Religious and literary societies and teachers of select schools, 
may be required to give secnritj for the protection of school property where 
trustees are asked to allow the school house to be used for the meetings of 
such societies. The use of public school property for sucii purposes is a 
privilege, not a right. 

XLVII I think that the trustees, with the consent of the board of edu- 
cation, can allow the school house to be used for the purpose of holding a 
select school ; provided it does not interfere with the public school. I am 
also of th? opinion that the actiou of the trustees in either refusing or grant- 
ing the use of a school house for the purposes above mentioned may be re- 
viewed by the board of education of the district. The party so occupying 
the school house may be required to give security for the proper care and 
use of the building — T. ,S'. RiUij, Attorney General'. 

i5«. [Section 19, chapter Ha code, chapter 13, Acts Penalty for 
i 8S7.] If a person willfully interrupt, molest or disturb m''dis™n-bi'ug 
any free school, or other school, literary society or school. 
any other society formed for intellectual, social or 
moral improvement, organized or carried on under or 
in pursuance of the laws of this State, or any Sunday 



92 



School Law of West Vir&inia. 



school, or other school, or school exhibition, or any 
society lav/fully carried on, he shall be g'uil'-y of a mis- 
demeanor, and fined not less than ten nor more than 
fifty dollars, or at the discretion of the court, be con- 
fined in the jail of the coimty not more than thirty days, 
in addition to said fine. 



155. If any person shall willfully disturb, molest, or 
interrupt any literary society, school, or society formed 
for intellectual improvement or any other school or 
society organized under the laws of this State, or any 
school, society, or meeting formed or convened for im- 
provement in music, either vocal or instrumental, or 
for any moral and social amusement, the person so 
ofl'ending shall be deemed guilty of a misdemeanor, and 
on conviction thereof, shall be fined not less than five 
dollars, and may be imprisoned in the county jail not 
exceeding ten days. 



Trustees must 
keep an 
accouBt of 

expenses. 



Trustees may 
purchase cer- 
tain articles 
and make cer- 
tain repairs. 



Trustees: 
quorum o t 



Record of 
meeting. 



16. The trustees of each sub-district shall keep exact 
account of all necessary expenses incurred by them in 
the performance of their duties, and render to the sec- 
retary of the board of education, at or before their last 
meeting for the current school year, written accounts, 
by items, of all such expenses, which, if the board find 
correct, they shall pay by an order to the sherifi', drawn 
on the building fund of the district, signed by the sec- 
retary and president. 

The trustees of any sub-district may purchase fuel, 
water buckets, brooms, coal hods, shovels, pokers, stove 
pipes, crayons, erasers and dippers, for use in school 
rooms. They may make such repairs in windows, 
doors, benches, desks, floors, walls, ceilings and roofs 
as will render the house comfortable. For such pur- 
chase or repairs they shall render to the secretary of 
the board of education an account, which, if the board 
find correct, they shall pay out of the building fund of 
the district. 

No one trustee shall, by himself, have any power to, 
perform any duty required by law of the trustees, who 
shall meet at a time and place fixed by two of their 
number, the other having had reasonable notice of such 
meeting, and two of the trustees shall constitute a quo- 
rum, and they shall keep a record of their acts and pro- 
ceedings in a book to be furnished them by the board 
of education for that purpose, such book to be turned 
over by them to their successors in oflice. 



School Law of West Virginia. 23 

XLVIII. While trustees are appointed bp the board of edueation, their powprs 
are prescribed and their duties imposed by law : and by section 12. of cnap- 
ter 45, of the Code, the actions of such ri'ustees are subject to the revision 
and correction of the board of education on proper motion or complaint 
made ; yet no power is given the board to interfere with or prevent a proper 
discharge by the trustees, of the duties imposed upon chem, as such, by 
law.. 

By section 16 of chapter 45 of the Code, it is provided, among other things, 
that "the trustees of any sub-district may purchase fuel, water buckets, 
brooms, coal hods, shovels, pollers, stovepipes and dippers for use in 
school rooms. * * * For such purchases they shall render to the secre- 
tary of the board of education an account which, if the board find correct, 
they shall pay out of the building fuud of the district." 

If then the board, upon examination or revisal, find the account correct, 
they cannot alter, amend or repudiate it ; but iu the language of the law, 
they shall pay it out of the building fund of the district.— C. C. Watts, At- 
torney-General. 

17. White and colored persons shall not be taao-ht in white and coi- 
the same school; but to afford to colored children the ^'^^^^p^^J^j^^^ 
benefits of a free school education, it shall be the duty of attend same 
the trustees of every sub-district to establish therein, ^°^°°^' 

one or more primary schools, for colored persons be- 
tween the ages of six and twenty-one years, whenever 
the number of such persons residing therein, and be- 
tween the ages aforesaid, exceeds fifteen according to 
the enumeration made for school purposes. The 
trustees of two or more sub-districts, whether in the 
same or adjoining districts or counties, may, by agree- 
ment with each other, join in establishing a primary 
school for colored children residing in said sub-districts, 
and such schools so established shall be subject to the 
same regulations as are provided for the schools for 
white children, in section 1 2 of this chapter. 

XLIX. If the colored population of school age exceeds fifteen, a school must 
be established for their accommodation. If there are not so many, that is 
if the number be fewer than fifteen, they may be transferred to an adjoin- 
ing sub-district in which a colored school exists, such transfers to be made 
according to regulations prescribed in section 12, 

L. "When a school has been established for colored pupil:, un der s.pctiou 
17 it must be kept opeu and continued as long as the schools for whites iu 
the same district. The colored children, after the school Is established 
under that section, are entitled of right to the same apparatus, necessary 
furniture, and schooi appliances as well as the same length of school term 
as the whites in schools of like grade, no matter how little or how great 
the taxes collected from the colored people of the district may be. There 
is nothing in the 18th section to affect this view. The 18th section deals 
with another case entirely and cannot affect in any way a sub-district 
where a colored school is established in accordance Avith l&w ."—Alfred 
C'aldivell, Attorney-General 

18. Whenever, in any school district, the benefit of a Division of 
free school education is not secured to the colored chil- ^"^^^^ for ben- 
dren residing therein, in the manner mentioned in the children! '^^^ 
preceding section, the fund applicable to the support of 

free schools in such sub-district, whether received from 
the State or local taxation, shall be divided by the board 
of education in the proportion which the number of 
colored children bears to the number of white children 
therein, according to the latest enumeration made for 
school purposes; and the share of the former shall be 



24 School Law of West Virginia. 

set apart for the education of colored persons of the 
proper asre, residhig in such sub-district, or district, an<l 
be api)lied for that i)urpose from time to time in such 
way as the board of education of the district may deem 
best. Any board of education failing to comply with 
this section may be compelled to d@ so by the circuit 
court of the county, by mandamus. 

Enumeratiou 19. The board of education of each district and inde- 
of youth. pendent school district shall require the teacher or 
teachers in each sub-district or independent school dis- 
trict, annually, before the close of the school or schools, 
not later than the first day of April, to make an enum- 
eration of all the youths resident in such sub-district or 
independent school district, who shall be over six years 
and under twenty-one years old, on the first day of July 
following, distinguishing between male and female, 
white and colored. 

The enumeration shall be taken in two classes as fol- 
lows: One class shall contain all youths between the 
ages of six and sixteen years, and the other, youths be- 
tween sixteen and twenty-one j^ears respectively. The 
enumeration shall be verified by the affidavit of the 
teacher who took the same, before some person quali- 
fied to administer oaths, to the effect that he used all 
Enumeration; means in his power to make it, and believes it to be 
not ukiu°' correct, and shall return such enumeration to the secre- 
tary of the board of education of the district with the 
term report of such school, or not later than the first 
day of April; and unless such enumeration be properly 
taken and returned, the teacher shall not be entitled to 
demand payment of the balance due on his salarj^, or so 
much thereof as shall be necessary to defray the ex- 
penses of the enumeration as herein provided. 
Teachorsex- No tcacher in this State shall be required to serve on 
exempt from j^j^y -jury, nor to work on the roads, while his school is 

certain duties. . -' J •/ ' . . ' 

in actual operation. 
Enumeration: The Secretary of the board of education shall keep a 
stcretary to record in his office of the enumeration of youth so taken. 

ij^pgp r6Corci * 

of. and shall annually, on or before the fifteenth day of 

April transmit a certified copy of such enumeration to 
the county superintendent o^^ his county. When such 
enumeration for any district or sub-district shall not be 
received by the county superintendent before the twen- 
tieth day of April in any year, it shall be his duty, with- 
out delay, to employ a competent person to take and 
verify the same as aforesaid. The person taking and 
verifying such enumeration shall be paid a reasonable 
compensation, to be allowed by the board of education, 
not to exceed two dollars per day for the time necessa- 



School Law of West V^irginia. 25 

rily consumed, and paid by an order of said board, 
signed by the president and secretary, out of the build- 
ing fund of such district. 

In either case the county superintendent as soon as he Couaty super- 
receives the enumeration for any district or independent to '^^pcfn!' 
school district, and not later than the first day of May, 
shall forward to the State Superintendent of Free 
Schools a statement of the number of youths of school 
age therein. The State Superintendent of Free Schools 
shall prescribe and furnish all blanks to be u£.ed for 
taking the enumeration of youth. 

LI. A correct enumeration of the eehool youtli Is one of the most Im- 
portaut matters connected with the school work of the State, for It is the 
basis upon which the distributable school fund of the Siate Is disbursed. 
The secretary should carefully examine the eunmeration report from every 
sub-district and satisfy himsblf of its accuracy. 

LII. The secretary of the hoard Is authorized to administer oaths to 
teaoners as to the correctness of their reports of enumeration. See Sec- 
tion 8. 

20. The trustees of each sub-district shall make a Trustees 
report to the secretary of the board of education of theii- ^"^p^^*- 
district, at or before their last meeting in each school 
year, setting forth in reference to their sub-district, the 
following particulars; that is to say: The condition of 
school houses under their charge; the value and kind of 
apparatus; the number of volumes in school libraries 

and their value, with such explanations, remarks and 
additional information as the said trustees may deem 
useful, or as the blanks furnished by the State Superin- 
tendent of Free Schools may require. They shall also 
report the same particulars in relation to any schools 
under their charge for colored persons. 

LIII. Trustees should make their annual report as prescribed In fo?m No. 
7, at the close of the year (June 30) whether the school closed then or not. 

21. The secretary of the board of education to whom secretary s 
the report of the trustees shall have been made, as^®^"''' 
provided in the twentieth section, shall revise the 

said reports, and if they be found erroneous or de- 
fective, may return them for correction. From the cor- 
rected report and the teachers' registers, provided for 
in the thirtieth section of this chapter, and such other 
authentic information as he may be able to obtain, he 
shall make a report to the county superintendent on or 
before the twentieth day of July, annually, in tabular 
form, by sub-districts, embracing each particular re- 
ported to him by the said trustees' reports and teachers' 
registers, and showing the aggregate or average of each, 
as the case may require, for his district. 



26 



School Law of West Virginia. 



Additional 
report. 



And he shall further report to the county superintend" 
ent on or before the twentieth day of July, annually, the 
following additional particulars in reference to his dis- 
trict, for the year ending on the preceding thirtieth day 
of June, that is to say: The rate and amount of the tax 
levied for the teachers' fund and the building fund re- 
spectively; the amount of such taxes collected and 
placed to the credit of each of these funds; the amount 
received from the State for the teachers' fund; the 
amount of the balance in the treasury at the beginning 
of the school year for each fund; the amount of receipts 
from all other sources placed to the credit of each fund; 
the amount expended for the pay of teachers, male and 
female, white and colored, respectively; the amount of 
commission paid to the sheriff or collector; the amount 
of the delinquent list returned by said collector; the 
amount of the balance in hand at the close of the school 
year for each fund; the amount expended for the pur- 
chase of sites for school houses, and for the construction 
and furnishing of the same; and for the rent, hire and 
repair of such property; the amount expended for 
such furniture, for apparatus, for interest, for the enu- 
meration of youth, and for contingencies; also, the num- 
ber of volumes in school libraries and their value; total 
receipts; total expenditures, with such explanations, 
remarks and additional information as he may deem 
proper, or as the blanks furnished by the State Super- 
intendent may require. He shall also, in like manner, 
report all particulars pertaining to any colored school 
or schools m his district, including the number taught 
therein, and for what length of time. 

For this report the secretary shall be allowed out of 
for"makirig°" ^^^ building f und, in addition to his salary as secretary, 
report. ten doUars; but the board of education shall in no case 

order this sum to be paid until the county superintendent 
has certified to them that the said report has been made, 
and that it is correct and complete, and made within the 
time specified in this section. 

LIV. In the ease of summer schools where a part of the term is finished 
in one year and apart in the next, the finaucial condition uf the district 
must be reported, just as it is, without regard to what may or may not he 
contracted for. In the estimate for the levy the amount of partially exe- 
cuted contracts and the balance on baud to pay them must be considered. 
The statistical report of such schools should be made in the year in which 
they close. 

LV. The secretary's annual report cannot be completed befor'^ the sher- 
iff 's settlement with tiie board of education. County sux>erintendentsmust 
not issue orders for the pay of secretaries until ttiey present correct and 
complete reports. The law provides this in declaratory terms. 

LVI. Chapter 29, § 67 Code, requires the secretary of every school dis- 
trict and indeppudeut school district through which a railroad runs in 
each county, within thirty days after the levy is laid for free school and 
building purposes, or either, to certify to the auditor the amount so levied, 
etc 



Secretary's 



School Law of Wjest Virginia. 27 

22, The county superintendetit shall receive and revise county snper- 
the reports made to him as aforesaid, and see that they ieporf.^'^'^ 
are in proper form and according to intent of law; and 
when deficiencies or errors are found to exist, shall re- 
turn them for correction. From these reports and such 
other authentic information as he can obtain, he shall 
make report to the State Superintendent of Free 
Schools, on or before the first day of August, annually, 
or as soon thereafter as possible, setting forth in refer- 
ence to each district of his county, for the year ending 
on tlie preccdino- thirtieth day of June, the several par- 
ticulars mentioned in the twentieth and twenty-first 
sections, with the proper aggregate or average of each 
for the county; and shall make the apportionment, and 
report such apportionment to the auditor, and also re- 
port whether the districts have made the levy for school 
purposes required by this chapter. 

LVII. The report of the county supei'lntendent should be made not later 
than the first day of August, as prescribed hy law, th*t the State Superin- 
teadeut may complete his auiiuid report, which he should have compiled 
fur the Goveruor not later than the first day of October. 

LVIII. The apportionment of the C4eneral School Fund, made by the. ' 

county superintendent, should be reported to the State Superintendent, as 
well as to the auditor. 

23. The school year shall commence on the first day school year, 
of July, and close on the thirtieth day of June, and all 
reports, accounts and settlements respecting the free 
schools of this State shall be made with reference to 
the school year. 

LIX. If any school opens after the first day of April, (the time required 
for the enunieraiion to be returDed by tlie teacher), if the teacher so open- 
ing Mie school hat not taken the enunier.'ttion and relurnedit,lt Is the duty 
of the county superinttDdent to employ sorae ( ne, as the law directs, to 
ttike the en-umeration of that Eub-dJstrici. The jay to such person would 
not be prrj:erly deducted ircm the teacher's ^a]arJ•, who optned the school 
after the time ifquirtd for the enume;ation to be retarned. 

LX. If a school opens so near the close of the school yesr that by con- 
tinuing in session all the school ciays to Che end of the year the term will 
not be finished b'-fure the year closes, the remaining time, under the con- 
tract, may be completed lu the new year. (In this case the school ahould 
be rei orted in the new year.) If the school onen lu ample time to finish 
before the ckisa of the year, but susp-jnds before the te»m Is out, the time 
cannot be added to the next year's te:m. 

LXI. The school law contemplates that the financial sffalrs shall be 
closed up at the end of each year. 

24. When the board of education of any district deem nigh school; 
it expedient to establish a high school, they shall submit ^t^^i^shiB 
the question to the voters of the district on the day and ^ '' * "^' 
month of election named in section two of this chapter, 
of any year, in the manner following, that is to say: The 
board shall prepare and sign a notice setting forth the 
kind of school proposed; the place where it is to be 



28 School Law of West Vieginia. 

located; the estimated expense of establishing the same, 
including cost of site, building, furniture, books and 
apparatus and the estimated annual expense of support- 
ing the school after it is in operation, with such other 
iE.frr"^ation concerning it as they may deem proper; 
and stadng that the question of authorizing the estab- 
lishment of such school Tnll be submitted to the voters 
of the district, at the election specified in the notice, 
which they shall cause to be posted four weeks before 
the election in at least three of the most public places 
in the district. A poll shall thereupon be taken upon 
the said question, at the election specified in the notice, 
and the result ascertained in like manner as is prescribed 
in section two of this chapter. The ballots used on 
voting on the question shall have written or printed 
thereon the words, "For the high school," or "Against 
the high school." If it appear by the result of said poll 
that not less than three-fifths of the voters who voted 
on the question are in favor of authorizing the establish- 
ment of said school, the board of education may then 
proceed to obtain the site and provide proper buildings, 
fixtures and improvements, and procure necessary furni- 
ture, books and apparatus for the said school, to sup- 
port the same after it is put in operation ; for which pur- 
^vy"or°^^ pose the board may annually levy an additional tax on 
high schools, the property taxable in their district, not to exceed in 
any one year thirty cents on every one hundred dollars 
valuation thereof, according to the latest assessment for 
State and county taxation. The said school shall be 
under the care and direction of the board of education 
of the district in which it is established. 

LXII. The ma-slmum rate of levy is 50c<^ntson the one hundred dollars, 
for country and village schools except as provided iu section 40, but ior the 
snpport of high schools established in accordance with the provisions of 
this section, there may be an additif nal levy of HU cents on the one hun- 
dred dollars, thu3 making the maximum rats for the support of thfse 
schools 80 cents on the one hundred dollars, and th© power to levy to this 
extent is granted to the board by the vote of the people when the high 
school Is established. 

High school 25. In like manner, if the boards of education of two 
Stibifshed or moic districts, whether in the same or ditferent coun- 
mo^'e° ^^ ^^®^' deem it expedient to jointly establish and support 
districts. a high school, tney may submit the question of author- 
izing the same to the voters of their districts, sepa- 
rately, and in the manner prescribed in section twenty- 
four of this chapter, specifying in the notice the amount 
or proportion or the expenses which each district is to 
contribute; and if authorized by not less than three-fifths 
of the voters voting on the question in each district, 
may proceed jointly to establish and support the said 
school; and for that purpose the said boards may annu- 



School Law of West Virginia. 29 

ally levy a tax on the property taxable in their respec- 
tive districts, not to exceed in any one year the rate of 
thirty cents on every one hundred dollars valuation 
thereof. 

The said school shall be under the care and direc- Directors of 
tion of directors, to be selected and removed from time sciiooh ^"^ 
to time in such manner as the boards of education con- 
cerned may agree upon, or when there is no such agree- 
ment, under the care and direction of the board of 
education of the district in which the school house is 
situated, and the boards of education concerned shall 
from time to time prescribe such regulations as they 
may deem necessary respecting the school. 

26. The board of directors who have the care andcareand 
direction of the said school shall appoint, and may re- joint scuooi. 
move the teachers, shall fix their salaries; prescribe the 
branches of learning to be taught; the time the school 
shall be kept open; the ages and qualifications of the 
scholars to be admitted, admit scholars from non-con- 
tributing districts on such terms of tuition as they may 
deem proper; expel or suspend scholars when necessary; 
ascertain and certify the expenses of the school, of 
which they shall cause exact accounts to be kept; and 
prescribe all needful regulations respecting the school, 
subject, nevertheless, to any regulations respecting the 
same that may be prescribed pursuant to the preceding 
section. 

They shall annually report through their secretary on Directors' 
or before the twentieth day of July, to the superintend- ^^^°^ ' 
ent of free schools for the county in which the school 
house is situated, such particulars respecting the 
schools as the State Superintendent of Free Schools 
may require; and the county superintendent shall trans- 
mit the report, with such remarks and additional infor- 
mation as he deems proper, to the State Superintend- 
ent. 

The boards of education of any district may also Graded 
establish graded schools in towns, villages and densely ^^^°°^^' 
populated neighborhoods of their respective districts, 
employ teachers therefor, and make such special regu- 
lations as may be necessary to conduct "them. But in 
every such case involving additional taxation, the mat- 
ter shall be first submitted to a vote of the people and 
their consent obtained, as is prescribed in section twenty- 
four in case of a high school; Provided^ That no addi- 
tional levy for a graded school shall exceed in any one 
year fifteen cents on every hundred dollars valuation. 
Provided further-, When any sub-district having graded Levy for 
schools, desire a longer term of school than four months, fchooL 
it shall be the duty of the board of education on the pe- 



30 School Law of West Vieginia. 

tition of the taxpayers of sucb sub-district to submit the 
question to the voters of said sub-district, at such time 
and place as they nmj fix, by postino- notices ten days 
before said election, settina; forth the number of months 
the said school shall be run, including the State Fund 
and their proper share of any district levy that may be 
levied in the districts for the support of the schools of 
said districts. 
Assessor must It shall be the duty of the assessor, v^ith the assistance 
of property, of the Secretary of the board of education, to furnish 
such board a list of the property, both real and personal, 
assessed by him in said sub-district, for State and county 
purposes. And the said board of education may pro- 
vide for the extending; of the said tax, and provide for 
the collection of the same, under such rules and regula- 
tions as they may provide, and use the fund thus col- 
lected for the running of such graded schools. 

LXIII. "No vote of the people is neoessary as a condition pvecpdent to 
the establishing of a graded S"horil in a district in case sucli scbofil does 
not increase the levy over the fifty cent Jimit nam^d in section 40 The vote 
to authorize any levy must be tnken as required by section 2. Section 26 
specifically r<-quires a vote vri^iere the cost involves a levy iu excess of such 
fifty cents. I find no authority f jr cootiuuing a graded scoool any longer 
period than other sciiools of a district." — Alfred Caldwell, Attorney Oeiieral. 

LXIV. The number of tax-payers who are to petition for more than five 
months' school in a snh-district is left to the discretion of the board. 
There should be a sufficient number on the petition to indicate that the 
desire was seriously entertained and entitled to respect. 

LXV. The vote should be taken not later than the 10th of May, so that if 
the increased rate of levy is aurhorized, the assessor may have thansce-i- 
sary time in which to extend same on his boots. The rate of levy being 50 
cents on the one hundred dollars, the increase to be voted upon can not ex- 
ceed flrteen cents additional, making the maximum levy for the support of 
a graded school (w cents on the one hundred dollars. 

LXVI. "The board should have the sheriff collect the taxes for the 
gradpd school. They should enter an order aut tioriziug him to collect. It 
would not be best to order the collection by anyone else." — Alfred Caldwell, 
AUoriiey-Gcneral . 

County board 27. There shall be in every county, for the purpose 

ol examiners. „ . . , l^n•J^'' j_ i i <• 

of examining and certify mg teachers, a county board of 
examiners, to be composed of the county superintend- 
ent, who shall be ex-officio president, and two experi- 
enced teachers, each of whom shall have received a 
teacher's state certificate or a number one county cer- 
tificate, or be a graduate of some reputable school, to be 
nominated by the county superintendent and appointed 
by the presidents of the district boards of education, 
at a meeting for that purpose, to be held at the county 
seat on the first Wednesday in July, 1893, one of whom 
shall be appointed for a term of two j^ears and one for 
one year, and thereafter one member annually for a 
term of two years, at which meeting a majority of said 
presidents, or any three thereof, shall constitute a 



School Law of West V^irginia. 31 

quorum. It shall be the duty of the county super int- 
tendent to attend such meetings. 

Vacancies in said board of examiners shall be filled by vacancies. 
the presidents in the same manner as members of said 
board are appointed, and it shall be the duty of the 
county superintendent, upon ten days' notice, to call 
meetings of said presidents at the county seat for that 
purpose. The board of examiners shall each receive a compensation 
compensation of three dollars per day for each day actu-*^^ esamiuers. 
ally and necessarily employed in conducting the examin- 
ations, and for one day at each of the two stated exam- 
inations required in section twenty-eight of this chapter 
to be spent in consultation and preparation for their 
duties. This compensation shall be paid out of the fees 
received from the teachers examined, and shall in no 
case exceed the amount thereof. 

The county superintendent shall collect from every 
person who applies for examination a fee therefor of 
one dollar, out of vfhich he shall pay the per diem of 
the board of examiners, and the expense of the notice ^^^^^j super- 
required by the twenty-eighth section of this chapter, litendenc to 
and the balance, if any, he shall pay to the sheriff, to be and^r'lMiTa 
placed to the credit of the distributable fund of the '^^''*^^'^'- 
county received from the State, and distributed with it. 
He shall at the end of each school year, make and re- 
turn to the clerk of the county court, and also to the 
State Superintendent, a detailed and certified account of 
the names of all applicants for examination; the amount 
of the fees received by him for the same; the amount 
paid out to the members of the board of examiners, and 
the balance, if any, placed to the credit of the distri- 
butable fund of the county as aforesaid. 

LXVII. Presidents of Independent, school districts should participate in 
the election of members of tne board of examiners except where their 
teachers are not required to be examined by said board, as in Wheeling, 
Huutiugtou, Charleston, Martinsbarg, &o. 

LXVIII. No more than two names should be proposed to the presidents of 
the boards of education at one time formembers of the board of examiners. 
If either or both are rejecDed, then other nominations should be made. 

LXIX. No person other than a teacher should be appointed a member of 
the board of examiners. 

LXX. All appointees must hold No. 1 certificates or their equivalents. 

LXXl . The county superintendent has the sole right to name candidates 
to tne presidents for members of the board of examiners. 

LXXII. All school officers, including members of the boards of exa,m- 
iners.are required to take the oath prescribed by the consiitution, section 
5, Article IV. 

LXXIII. The presidjents of the boards of education have no authority to 
elect persous members of the board of examiners noc nominated by the 
county superintendent. 



S2 



School Law of West Viegihia. 



LXXIV. The offices of president of board of[educatlon and member of tlie 
board of examiners are incompatible. 

LXXV. Incase there Is more money received from fees in one examina- 
tion than pays the per diem of the members of the board and the publica- 
tion of notice, the residue may be used to pay per diem of niembers of the 
board in subsequent examina.ions in the same year where the receipts are 
insufficient. 

LXXVI. Boards of examiners have the right to limit the time to be oc- 
cupied by the teachers in answering the questions of each branch. 

LXXVII. It is "the duty of the county superiutendent to preserve the 
manuscripts of the teachers who are examined, for at least one year from 
their date. 

LXXVIIl. "It is a gross violation of offlrial duty for the presidents to re- 
main absent from the meeting for the purpose of avoiding the appointment 
of examiners. They are subject to be fined undffr*!i 59 School Law. Exam- 
iners hold over until a new appointment is made of successors."— xli/VecJ 
Caldwell, Attorney-General. 



Teacher must 
have a 
certificate. 



Teachers 
examined 
in certain 
branches. 



Certificate' 
in force in 
county where 
issued. 



28. No teacher shall be employed to teach any public 
school of this State until he shall have presented to the 
trustees, directors or board having charge of such school, 
a certificate in duplicate of his qualifications to teach a 
school of the grade for which he applies, the duplicate 
of which shall be filed with the secretary of the board of 
education of the district in which the school is situated 
and so endorsed on the original by the secretary; and no 
salary shall be paid to any teacher unless duplicate be 
filed as aforesaid. 

The board of examiners shall exai-riine each candidate 
for the profession of teacher, who may apply to them, 
as to his or her competency to teach orthography, read- 
ing, penmanship, arithmetic, English grammar, geog- 
raphy, history, single entry book-keeping and civil 
government, if the application be for a primary school, 
and if the application be for a higher school, they 
shall examine the applicant as to his competency to 
teach the additional branches required for such school, 
and if satisfied of the compentency of the applicant to 
teach and govern such schools, and that he or she is of 
good moral character and not addicted to drunkenness, 
they shall give a certificate in duplicate accordingly. 
The county superintendent shall keep a register of all 
certificates awarded by the board of examiners, stating 
the character and grade of certificate and the time when 
issued. 

No certificate shall be issued by the board of examin- 
ers, except u])on an actual examination, participated in 
by a majority of the board, or be of force except in the 
county in which it was issued, nor for a longer period 
than one year, except as provided in section twenty-nine 
of this chapter, and the board of examiners may, upon 
proper evidence of the fact, revoke the certificate of 
any teacher within the county, for any cause which 



School Law of West Virginia. 33 

would have justified the withholding thereof, when the 
same was granted, by giving ten days' notice to the 
teacher of their intent to do so. 

The board of examiners shall, at two stated periods Esami nations 
in each year, agreed upon by themselves, of which they ceitalu times. 
shall give due notice, hold public examinations, at which 
all applicants for certilicates shall be required to attend; 
and should circumstances require it, the county super- 
intendent may call extra meetings for the same purpose. 
County superintendents and members of the board of ExamiDers 
exammers may be employed to teach without the certifi- feifden?may" 
cate required of other teachers. But should any mem- teach without 
ber of the board of education or school trustee be°®'^^ °^'®' 
employed as teacher, it shall vacate his office. 

LXXIX. No person shall be employed to teach a public school who has 
uot H. teacher's certificate regularly iss«ed_and still in force . Substitute 
teachers are permissible when the teneher is uravoidably absent, and then 
only, with the consent of the scho.->l trustees. Substitutes should have cer- 
tificates of same grade as those whose places thi='y fill. It is not necessary 
for the trustees to make a contract jvith a 'substitute. A teacher cannot 
engflge a school, make a contract fjoi'lt, *bhea employ a substitute and him- 
self take another school. ' ' ' i ^ '^ '. 



LXXX. If a teacher obtain two certifieatfis she same ye^r.Nfie.'^may coti- 
tract with the trustees on either, whether~Tjl'^e'/Same,oij.,(JiHferent grades. 



=»s she same ye^r.NBe,^iiay 
L'.tiie'/S^]^ej0^ij.,4iHferent gri 



LXXXI. The right of a member of the board of examiners to teach with- 
out examination is confined to the county in which such position is held. 

LXXXIt. The board of examiuers are required to hold two s*^ated public 
examinatious and, should circumstances require it, extra meetings may be 
held lor the same purpose. 

LXXXIII. The members of the board of examiners are authorized to teach 
without certificates, and are therefore prohibited from issuing certificates 
to each other. 

LXXXIV. Section 30 of chapter 45 of the Code, provides tha.t ail certifi- 
cates for the school year, must be issued after July first, and for shat reason 
the certificite in question vi'ould expire with the o^d school year. * * * 
There is no provision made for the examination of a county superintendent 
while in cince as he has the right lo teach during liis term of oflice without 
a certificate — T. S. Kiley, Atlorney-General. 

LXXXV. The latter part of section 28 of chapter 4-5 of the Code, pro- 
vides that there shall be two public examinations at which all applicants 
for certificates shall be required to attend, anrf should circumstances re- 
qiiirelt. the county supr'rintende.Dt may call extra meetings for the pur- 
pose. N-ow.if the certificate granted wrs given at one of the above meet- 
ings, it would be good until the time for which it -s-as given exT)ires * " 

* I take it that all certificates, except those granted under section 29, 
expire with the school year. Section ao provide? that no examiuatioos 
shall be hela or eertificatp granted until aft.--r the first d.sy of July of the 
school year in which said certificates are to be used— T. ib'. Kiley, AUorney- 
Qcneral. 

LXXXVI. As the law now stands all gvades of certificates may be issued 
at the same examination. (See latter part of sectioD 29. of school law.) 
The lav\r provides ;or two sta?ed examinations and should circumstances 
require it, the county superintendent may call extra meetings for the 
same purpose. At any o' these examinatious all grades of eerSificjites may 
be issued, but the extra meeting should not be called unlcs-^ it is absolutely 
necessary to supply teachers for the current school year. The practice of 
some county superintendents of calling extra meeting.s and granting cer- 
tificatts after tne schools for the year have closed and v/hen i'. is not neces- 
sary to supp'y teachers for the school year ending July tbe first following 
the examination, is not warranted under the law. Such examinations 
should not be held until after the first of July or in other words after the 



34 



School Law of West Virginia. 



beginning of the gew year. (See section 30 of the school law.) Alj No. 1 
certificates propei'ly granted expire in three years from the first Of July 
following the date of their issue, and No. 2 certificates in one year from the 
first of .July foUowina; ttie date of their issue, and No. 3 certificates expire 
un the firist of July following the date of their issue. —?'. ^'. Riley, AUornfy- 
Gencrul. 



Reg-ulations 
fpr Boards ©■£ 
Examiners 



First grade 
certificates. 



Second grade 



Third grade. 



29. The following regulations shall be observed by 
beards of examiners with regard to examinations and 
granting teachers' certificates: 

First. No applicaait shall be admitted to examination 
unless the board shall have reasonable evidence that he 
or she is of good moral character and temperate habits, 
and has attained the age of sixteen years. 

Second. No college diploma or certificate of recom- 
mendation from the president or faculty of any college 
©r normal school or academy shall be taken to super- 
sede the necessity of examination by the board of exam- 
iners, nor shall a certificate be granted to any applicant 
except after a careful examination upon each branch of 
study and upon the art of teaching. 

Third. Boards of examiners and others herein author- 
ized to confer certificates shall state the teacher's grade 
of proficiency in each branch in which he is examined. 

Fourth. They shall grade the certificate granted ac- 
cording to the following scheme numbering them ac- 
cording to the merit of the applicant from one to three: 

The first grade certificate shall be issued to all appli- 
cants who shall pass an examination in all the branches 
required to be taught in the primary free schools of the 
State, and in addition thereto the theory and art of 
teaching, general history, civil government and book- 
keeping, and obtain a general average of ninety per 
cent, on a scale of one hundred per cent, and not less 
than seventy-five on any one branch; which certificates 
shall be valid for a period of four years and shall be 
re-issued once without examination at the discretion of 
said board of examiners, provided the holder has taught 
two years on said certificate. 

The second grade certificate shall be issued to all ap- 
plicants Vv^ho shall pass an examination upon all the 
branches required to be taught in the primary free 
schools and in addition thereto civil government and the 
theory and art of teaching and obtain a general average 
of eighty per cent, and not lower than seventy per cent, 
on any one branch, which shall be valid for a period of 
two years and be re-issued only upon examination. 

The third grade certificate shall be granted to appli- 
cants who shall pass a satisfactory examination in 
the branches required to be taught in the primary free 
schools, and the theory and art of teaching and obtain 
a general average of seventy per cent, and not lower 
than sixty per cent, in any one branch, and be valid for 



School Law of West Virginia. 35 

a period of one year and be re-issued only upon exami- 
nation and then not to the applicant more than twice. 
All grades of county certiticates provided by law shall 
be granted at the same examination. Failure to attend 
the teachers' county institute Avhe're such attendance 
may be required of teachers holding any of these grade 
certificates unless excused by law or unless said failure 
may be for reasons deemed sufficient by the county 
board of examiners shall be cause for revoking said cer- 
tificate. 

LXXXVII. Th're is now do distinction made between applicant ■. ''or cer- 
tificates. Tliey mast all pass examination in all the branches r^-niiired to 
he. taught in the primary gehools of the State and in addition i^.eretein 
the theory and art oi teaching. See section 11. 

29a. I. There shall be a State board of examiners state Board of 
which shall consist of four competent persons, one from ^^'^™i'^«''*- 
each congressional district, to be appointed by the State 
Superintendent of Free Schools; the term of office of 
such examiners shall be four years and vacancies in said 
board shall be filled by the State Superintendent of Free 
Schools. Said beard shall meet at two different places, Meetings. 
at least, in each congressional district in each year, for 
the purpose of maldng the examinations and granting 
the certificates provided for in this act, and any three of 
said members shall constitute a quorum. 

II. The board thus constituted may issue two grades Grad.'s of 
of certificates to such as are found to possess the requi- certificates. 
site scholarship, and who exhibit satisfactory evidence 
of good moral character and of professional experience 
and abilitj'-, as follows: First class certificates for twelve 
years; second class, for six years. Any person holding 
a certificate of the first class, who shall have taught for 
eight years of said twelve years, shall be entitled, with- 
out examination, to have the same renewed at the expi- 
ration of the said twelve. 

The second class to be issued to applicants of satis- 
factory attainments in the branches required for county 
certificates, and in addition, not fewer than four other 
branches to be determined upo*i by the board. 

The second class certiticates shall be issued upon ap- certificates 
plication, without examination, to the gr-aduates of the ^^j"^°^'^Jf° «^*** ' 
State University of West Virginia, of the Peabody Nor- certain 
mal College of Tennessee, of the State normal schoor"'^'*"''*""*- 
and its branches of West Virginia, and of other schools 
in this State whose grade of work is equal in all respects, 
in the judgment of the board, to the State normal school 
and its branches, where graduates shall have presented 
to the board satisfactory evidence that they have taught 
successfully three years in the State under a number one 



36 School Law of West Virginia. 

county certificate, two of which said three years shall 
immediately precede the application for such certificate. 
First class Tcachers who shall present to the board satisfactory 

ration*of ''^^'" evidence that they have taught successfully four years, 
s..cond. under a second-class certificate, shall be entitled to 

receive, without examination, a first-class certificate at 
the expiration of the second class. 
Record. The board shall keep a record of the proceedings, 

showing the number, date and duration of each certifi- 
cate, to whom granted, and for what branches of study, 
and shall report such statistics to the State Superintend- 
ent annually on or before the thirtieth day of Septem- 
ber. 
certifiate III. All Certificates issued by such board shall be 

Ich^K.i"'^"^ countersigned by the Superintendent of free schools; 
district. and such certificates shall supersede any and all other 
examinations of the persons holding them, by any board 
of examiners, and shall be equivalent to a number one 
certificate granted by a county board of examiners, and 
shall be valid in any school district in the State, unless 
revoked by the State board for a good cause. 
^■ee- IV. Each applicant for a certificate shall pay the 

board of examiners a fee of five dollars. 
Compensation V. The board of examiners shall each receive a com- 
of examiners, peng^tion of fivc dollars per day actually and necessa- 
rily spent in conducting the examinations, and for one 
day to be spent in consultation and in preparing for 
their duties, and six cents per mile for each mile neces- 
sarily traveled in going to and returning from the place 
of examination. This compensation shall be paid out 
of the fees received from the teachers examined, and 
shall in no case exceed the amount so received. 
estate Super* ^^^^^ board shall, at the end of each school year, make 
iatendent. and retum to the State Superintendent of Free Schools, 
a detailed and certified account of the names of all the 
applicants for examination, the amount of the fees re- 
ceived, the amount paid out to the members of the board, 
and the balance, if any, shall be paid over to the treas- 
urer of the State, to be placed to the credit of the dis- 
tributable school fund. 

LXXXVIII, Graduates of the State Normal School and of the State Uni- 
versity, in order to secure the second class certificate, must present to the 
State board of examiners satisfactory eridence that they have taught suc- 
cessfully three years under a Num^ber 1 county certificate; two ot wliich 
said years must immediately precede the application lor the certificate. 

Teachers shall 30. Evcry teachcr shall keep a daily register, and 

le^i^mregi^-'^'^'^make monthly reports to the secretary of the board of 

'^•■s- education of his district. He shall also keep a term 

register, in which shall be entered the date of the com- 

naencement and termination of every term of the school; 



School Law of West Virginia. 37 

the name and as^e of every scholar who attended the 
school during said term; the daily attendance, distin- 
guishing between males and females; the branches 
taught, and the number of scholars engaged in each 
month in the study of each branch, and such other par- 
ticulars as are necessary to enable the secretaries of the 
boards of education, or directors, to make the reports 
required of them. The State Superintendent of free 
schools shall prescribe such form and regulations, re- 
specting the register to be kept and reports to be made 
by the teachers, as shall seem to him necessary. 

At the close of each term the register thereof shall be Penalty for 
returned by the teacher to the office of the secretary of let'J^rn term 
the board of education for the district, who shall file the ^'egister. 
same and unless such register be properly kept and 
returned, the teacher shall not be entitled to demand 
payment of the balance due on his salary. 

Teachers shall be paid monthly, and by orders on the Teachers to 
sheriif or collector, signed by the secretary and president mVutifiy. 
of the board, which said orders when signed as afore- 
said and delivered to the teacher shall be deemed at once 
due and payable. Where any teacher has taught accord- 
ing to his contract, for one month, the trustees for the 
sub-district in which he has so taught, shall certify the 
fact to the secretary of the district board, whereupon 
he shall receive from said secretary an order upon the 
sheriff or collector of the county, signed by the secretary 
and president of the board of education for one month's 
salary; but in no case shall such order be given, unless 
the monthly report containing the facts required in the 
preceding part of this section, to be shown in the term 
register, be first duly made out and returned to the 
secretary. 

The school month shall consist of twent}^ days, exclud- school mouth. 
ing Saturdays, all of which shall be devoted to teaching 
the school contracted for. 

As a means of improving the teachers, and fitting Teachers' 
them for more effective service in the free schools of the ^°'^'^"^^®^- 
State, teacher's institutes shall be held annually through- 
out the State, one or more in each county; they shall be 
held at such times and places as the State Superintendent 
shall, with the advice of the county superintendent, 
direct, and shall continue each for one week of five days; 
they shall be conducted by experienced and skillful 
institute instructors, who shall be appointed by the State 
Superintendent, but it shall be a part of the duty of the 
county superintendent, under the instructions of the 
State Superintendent, to make all proper arrangements 
for the institutes, and to assist in conducting them. 



38 School Law of West Virginia. 

Instructors' The instructoi's whom the State Superintendent shall 



compensa- 
tion! 



employ, as herein provided, shall each receive for his 
services not more than twenty- five dollars for each insti- 
tute he may instruct, to be paid out of the general 
school fund, on a proper order of the State Superin- 
tendent, but the aggregate amount of such compensa- 
tion for the whole State shall not exceed one thousand 
dollars. 
Examination. ^^ fhe close of the institutes, as herein provided, and 
during the week following, the county board of exam- 
iners shall hold one of the two examinations prescribed 
in section twenty-eight: Provided^ That no examina- 
tion shall be held or certificate granted until after the 
first day of the school year in which^said certificates are 
to be used. 
Graded course It shall be the duty of the State Superintendent to 
work^^^'^'^*^ prescribe a graded course of institute work covering a 
period of two years, and the methods of conducting the 
same, together with such other details connected there 
with as he shall deem conducive to their usefulness and 
efiiciency. 
Graded course It shall also be the duty of the State Superintendent 
slona'ii^tady. to prescribe a graded course of professional study cov- 
ering a period of two years, which shall embrace his- 
tory of education, school management, methods of 
wiis) exempt teaching and educational psychology. Any teacher who 
att^dancr'^*^ ^^^ completed the graded course of institute work and 
the graded course of professional study, and passed a 
satisfactory examination thereon, and also obtained a 
number one teacher's certificate, shall be exempt from 
further compulsory institute attendance. 
Failure or Any teachcr not exempt from institute attendance who 

attend *° shall fail or refuse to attend at least one institute annu- 
iustitute. ally, held under the provisions of this section, unless 
such teacher shall have an excuse therefor, sufficient in 
the judgment of the board of examiners to which such 
teacher may apply for examination, shall not be entitled 
to examination or be employed to teach any free school 
during the year within which such failure or refusal 
may have occurred. 

LXXXIX. The secretary of the board should carefully examine the month- 
ly sunim.ai'y which the teacher files at the end of each month, for it should 
contain a summary of what the teaciier is recording in his term register, 
which is to become the chief basis of the secretary's report to the county 
superintendent. In no Instance should the secretary issue the teacher's 
order for hi^ last montti's salary until the term register is found to contain 
all data required by the above section, to be recorded in it. 

XCI. 'The applicant for examination for a teacher's certificate must have 
attended one institute during the year or have an excuse for not so attend- 
ing sufficient in the judgment of Che board of examiners to entitle such 
applicant to be examined. Such attendance wiihin the year, or such 
excuse is a condition precedent to the right to be examined."— .4 Z/red 
Caldwell, Attorney General. 



School Law of West 'Virginia. 39 

XCI. When only a few days of a school term run into a new year the 
school may be reported in the old year, but if a mouth or more of the school 
runs into the new year, then it should all be reported ia that year. 

XCII. The per cent of attendance and absence should make 100 without 
the per cent, of noii- membership. 

XCIII. In making reports to the secretary, teachers should not count 
children of the sub district uob enrolled in the school — when a child is 
once enrolled he should be accounted for during the whole term, both be- 
fore and after he is enrolled. 

XCIV. It is the duty of the presidents and secretaries of the boards of 
education to issue orders for money directed to be paid by the board. 

XCV. The following excuses are deemed of sulficient importance in all 
departments of life and mav be regarded good for non-atteadance at the 
institute: Sickness, death of a near relative, and attendance at court under 
summons. Frivolous and petty excuses should not be accepted. 

XCVI. "The trustees, if they employ a teacher who has not complied 
with the law requiring teachers to attend institutes, violate their oath of 
office, and ought themselves to be removed if it is done wilfully."— ^t- 
fred Caldwell, Attorney-General. 

XCVII. The holding of an examination or the issuing of a certificate in 
any year prior to the first day of July is prohibited by law, The school 
year begins with that date, and alL certificates should be issued with refer- 
ence to it. If a certificate— good for one year, be issued iu the autumn or 
later, it terminates with the first day of the ensuing July, and so with a 
two or four years' certificate issued at the same time would end with the 
first day of July two or four years hence. 

31. In contracts with teachers, it shall be understood Holidays, 
that school is not to be kept in operation for ordinary 
instruction on the first day of January, fourth day of 

July, or the twenty-fifth day of December, nor any Na- 
tional or State festival or Thanksgiving day; but the 
month or time mentioned in such contract shall never- 
theless be computed as if the said days were included. 

XCVIII. The day of election is not a national or State festival or thanks- 
giving day and does not come under the provisions of section 31 of chan- 
ter 45 of the Code, and therefore teachers are not entitled to credit for this 
day.— r. S. Riley, Attorney-General 

XCIX. I think from a liberal construction of section 31 that it is intended 
that in moEths in which there is a holiday the number of days actually 
taught is one less than the number required by law for months in which 
tbere is no holiday. In taking this view I think the teacher would be en- 
titled to credit for Christmas, but not for the day previous on which the 
school was not in session. — T. A'. Riley, Attorney-General. 

32. All teachers, boards of education, and other school Teaching 
officers are hereby charged with the duty of providing ^'^'"'^ 
that moral training for the youth of this State which 

will contribute to securing good behavior and manners, 
and furnish the State with exemplary citizens. It shall Building fires, 
also be the duty of every school trustee to see that the 
school house is kept clean and in good order, and that 
fires, when necessary, are made and kept therein, but no 
expense shall be incurred therefor, to exceed fifty cents 
per week, and the amount thus expended shall be cer- 
tified by the trustees to the board of education, and shall, 



40 School Law of West Virginia. 

if correct, be paid out of the buildiiio- fund of the dis- 
trict. 

C. I am of opinion, that under the foregoing provision, trusters have the 
power to in!',ur the expenses therein provided for, and that where it is nec- 
essary, in order to comply with the requirements of said provision, they 
not only have the power, hut it is their imperative duty i-b incur the ex- 
p«nse necessary to that end — not exceeding fifty cents per we-'k. I am fur- 
ther of opinion that, upon a proper certiticaie'of tlie expenditure of sucli 
amount hein^ furnished the board of education of the district m whi'C-h 
such expenditure is made , it will be tlie duty of said board to provide for 
the payment of the same out of the building fund of the district, providsd, 
of course, the account is correct. 

The board of education can make uo order by which this power or duty 
can he taken from the trustfies The law on this subject is explicit, and 
contemplates a specific compliance therewith. 

There is no "oufiict between the above quoted provisions and others of 
chapter 45. The board of edaoatioii have the "power of revisal and correc- 
tion" as to this provision, to the extent of seeing that rhe amount expended 
fs correct, but not to the extent of nullifying a plain provision of law— C. C. 
Watts, Attorney -General. 

CI. Persons building fires should have a definite contract with the 
trustfies. **** ***** 

"The Legislature intended by enacting $ 32 to compel the trustees to have 
school houses kept clean, fires made and kept, &c., by expenditures out of 
the building fund. ******** 

The trustees have no right to alter the form of appointment prescribed by 
the Stnte Superintendent so as to make it a duty of the teacher to do this 
work for the salary he is to get out of the 'teacher's fund.' * * i fully 
concur with the opinion given by my predecessor (General Watts) upon the 
section named." — Alfred Caldivell, Attor7iey-Oeneral. 

Preside^it of 33. The president of the board of education of every 
P^fll^f^oVi district shall, at least once a year, examine the school 

cXoiIiillic; ctLi Till • * ^ t ' • i 

school hou,ses houscs and school house sites m the district, and report 
the condition of the same to the board; and such as are, 
in their judgment, properly located and are sufficient, 
or can with reasonable expense be rendered so, shall be 
retained for the use of public schools, and the remain- 
der, with the consent of the county superintendent. 
School build- shall be sold at public auction or otherwise, by the 
lofd^^^^^ board of education, and on such terms of sale as the 
board may order and the proceeds added to the build- 
ing fund: Provided^ That the grantor or his heirs of 
any such school house site shall, if he or they so desire, 
have the same reconveyed to him or them, without the 
buildings thereon, (if any), upon paying to the board of 
education the amount received by such grantor for such 
site; or in case no compensation was paid therefor, the 
same shall be so reconveyed free of charge. In case of 
such reconveyance, the building on such site (if any) 
shall be sold, as hereinafter provided, with privilege to 
the purchaser to remove it from off such site in a 
reasonable time. This proviso shall not be construed 
to apply to any school house lot within any village, 
town or city. 

on. "I am of the opinioD that the board has the right to sell the old 
school house uotwithstapdiug the f«ct that tlie l-^gal title had not been con- 
veyed. This was an inadvertance that no one can tak*- the advanta~g^ of. 
The equitable title was in the board. I think the board can sell the house 
f « provided in section 33 of chapter 45 of the Code."— r. S. Riley, Aitorney- 
Oeneral. 



School Law of West Virginia. 41 

34. The board of education of every district shall ^j^^ ^^^^^^ 
provide by purchase, condemnation, leasing, building shall provide 
or otherwise, suitable school houses and grounds in housS,* 
their districts, in such locations as will best acconimo- grounds, &c. 
date the inhabitants thereof, and improve such grounds 
and provide such furniture, fixtures and appliances for 
the said school houses, as the comfort, health, cleanli- 
ness and convenience of the scholars may . require, and 
keep such grounds, school houses, furniture, fixtures 
and appliances in good order and repair: Provided^ 
That in case such boards of education shall be unable to 
agree upon a proper location for a school house in any 
sub-district, such location shall be decided by the county 
superintendent. 

Boards of education in adjoining districts or counties Districts may 
may jointly provide for the erection of school houses {^^^^^j^^^^'j^'^- 
for the accommodation of adjoining portions of dis- houses, 
tricts or counties, for high schools, union schools or sub- 
district schools, which from local causes, can not be 
convenientl}'' attached to sub-districts in the districts or 
counties to which they belong. The title to such houses Title to joint 
shall be vested in the board of education having super- vestedin!^ 
vision of the sub-district containing the greatest number 
of children, and terms indicating a trust for the purpose 
aforesaid shall be introduced into an agreement made 
between the boards of education interested. Such school 
houses shall be provided with furniture, fixtures and 
such other appliances as are supplied to school houses 
generally. An equitable amount shall be assessed on 
each district interested, by the respective boards of edu- 
cation, for the purpose aforesaid. Boards of education 
shall in every case require bond of all contractors, with 
approved security, in double the amount of the contract 
for building or repairing school houses. 

No county superintendent, board of education, or any officers not to 
member thereof, or trustee of any sub-district, shall, i*ntere3ted*in 
directly or indirectly, become personally interested in contract. 
any contract for building or repairing school houses in 
his or their district; and any county superintendent, 
member of such board, or any trustee, violating this sec- 
tion, shall be guilty of a misdemeanor and fined not less 
than one hundred dollars. 

cm. "The length of a school term in union schools must be de'ermioed 
by the term fixed by the district in which the school is located, for its 
schools. The trustees of the sub-district of the location of the school 
would control the school house, <fec. All the boards of education of the dis- 
trict out of which the pupils are sent have to do, is to pay a just part of the 
expense of the union school." — Alfred Caldwell, AttOTney-'Ueneral. 

CIV. In case the land owner, on whose land a school house is built by a 
board of education before a deed is delivered therefor, refuses to make the 
deed, proceedings in a court of equity may be instituted by the board to 
compel the specific perfonaauce of the contract. 



42 



School Law of West Virginia. 



CV. Chapter 65, Acts 1879, makes it a misdemeanor for any county or dis" 
triet school officer to become directly or indirectly pecuniarily Interested 
in contracts, lettiiigs and furnishings in eases where he has a voice or con- 
trol. See Acts 1879, chapter 65, wherein it is provided that : "It shall be 
unlawful for any member of a county court, overseer of the poor, district 
school officer, or any member of any other district board, or for any county 
or district officer to be or become, directly or indirectly, pecuniarily inter- 
ested in the proceeds of any contract or service, or in furnishing any sup- 
plies in the contract for, or the award or letting of which, as such member 
or offljer, he may have any voice or control." See also section 13 of this 
chapter. 

CVI. When the board fail to agree upon the lof'ation of a school house, 
and the county superintendent is called, to decide the matter, his decision 
is flual, and from it no appeal can be taken. 

CVII. A county superintendent has no authority to select a site for a 
school house. He can only act when the board of education fail to agree 
as to a location. 

T>io„= r^,.=t >.A 35. No school house shall be erected unless the plan 

Plaas must oe n i n i i t -i i i , it 

submitted to thereoi shall have been submitted to the county super- 
inteud^ent!'^^'^ perintendent, and approved by him, and it is hereby 
made his duty to acquaint himself with the principles 
of school house architecture, and, in all his plans for 
such structures, to have regard to economy, conveni- 
ence, health and durability of structure. 

GVIII. The approval of the plans of school houses is, perhaps, the most 
important duty which the county superintendent has to perform. He is 
thus made the architect of school house construction in his county, and if 
the same are illy constructed, poorly ventilated, poorly lighted, and im- 
properly heated, thus producing physical injury to the pupils, he is morally 
responsible. 



Land for 

school site 
may be con- 
demned. 



36. When land has been designated by the board of 
education of any district as a suitable location for a 
school house and the necessary buildings, or for enlarg- 
ing a school house lot, if the owner or owners refuse to 
sell the same, or demand a price therefor which is 
deemed by the board unreasonable, or the owner is a 
fe^ne covert, a minor, non com.jpos mentis, or non-resident, 
after ten days' notice, served upon such owner or own- 
ers, or the owner or owners being non-residents thereof, 
by publication for four weeks in some newspaper pub- 
lished in the county, or if there be no newspaper pub- 
lished in the county, by posting the same for four weeks 
at the front door of the court house, and five other pub- 
lic places in the county, at least two of which shall be 
in the district and one in the sub-distict in which such 
property is located, the board may petition the circuit 
court of such county to have such lots of ground con- 
demned for the use of public schools, and such proceed- 
ings shall thereupon be had in the name of such board 
for the condemnation thereof, as provided for in chap- 
ter forty-two of this Code: Provided, That the land so 
taken shall not exceed in quantity one acre. 



CIX. When condemnation proceedings become necessary, the board o 



School Law of West Virginia. 43 

edncation should consult and advise with the prosecuting attorney who 
'will instruct it how to proceed according to the provisions of chapter XLII, 
of the Code of West Virginia. 

37. All school houses, school house sites and other g^j^^^^j 
property belongino; to any board of education and used erty exempt. 
for school purposes, shall be exempt from execution or 

other process, and from lien on, or distress for taxes or 
county levies; but when any order of the board, upon 
the sheriif of the county, or judgment or decree for a 
sum of money against the said board has been presented to 
such sheriif without obtaining payment, payment there- 
of may be enforced by the circuit court by mandamus 
or an order for specific levy on the property taxable in 
the district. 

37«. Whereas it is represented to the legislature that, 
prior to the introduction of the present free school 
system, many lots or small pieces of land were donated 
or purchased, and the title thereof, legal or equitable, 
vested in trustees with the view of erecting thereon 
buildings designed exclusively for educational purposes, 
and that they were used for such purposes many years 
prior to the formation of the State, and are still used or 
claimed by the boards of education in the various school 
districts in many of the counties of the State, and that 
said trustees in many cases have departed this life or 
left the State, and others since the introduction of the 
free school system have declined to act or take any 
interest in, or control over, such lands; therefore, 
Be it enacted by the Legislature of West Virginia: 

1. That the title of all such lands be,4and the same is ^jtie ^o cer- 
hereby vested in the board of education of the school tain lands, 
district in which such lands as have been in the actual 
possession of the board of education for the last five 

years, and are still in such possession and not otherwise 
claimed, may be, and their successors in office, to be 
held and used for free school purposes, and none other. 

2. If from any cause the board of education of the certain lands 
school district in which any such land may lie, shall be may be sold, 
of opinion that the interest and convenience of the 

schools of such district will be promoted by the sale of 
any such lands, they may sell and convey the same, and 
use the proceeds of such sales in the purchase of other 
lands and the erection or repair of other buildings to be 
used and held for free school purposes, as in other 
cases. 

38. To provide school houses and grounds, furniture, ^^^^ ^^^ 
fixtures and appliances, and keep the same in good or-Buiiiding 
der and repair, to supply said schools with fuel and all'^'^'^' 
other things necessary for their comfort and convenience, 

and to pay any existing indebtness against the building 



44 



School Law of West Virginia. 



fund and all other expenses incurred in the district in 
connection with the schools, not chargeable to the 
"teachers' fund," the board of education shall, aLnu- 
ally, on the lirst Monday in July, or as soon as practi- 
cable thereafter, levy a tax on the property taxable in 
each district, not to exceed, in any one year, the rate 
of forty cents on every hundred dollars valuation 
thereof, accordino- to the latest assessment on the same 
for State and county taxation. 

ox. The levy for the Buildinfr Fund Is limited to forty cents on the ?100, 
except in the case of high schools organized under the provisions of section 
24 of this chapter wherein it is provided that for the equipment and sup- 
port of th"-se high schools 30 cencs additioaaL may be levied, thus making 
the rates of levy 70 cents on the $100. 

CXI. It is the duty of boards of education to levy for a sufficient amount 
for both teachers' and building funds, to do all that is necessary tohaveall 
the schools in their respective districts taught five months in the year un- 
less such amount would require a levy of more than the maximum rate 
fixed by law. See sectiou 40 and decisions thereunder. 

CXII. Power of board to purchase outline maps and dictionaries — "Sec- 
tion 14 seems to imply that there may be apparatus and library connected 
with a public school Section 16 limits power of trustees but not the board 
of education as to expenditures for certain articles. I am inclined to a 
liberal construction of the law in respect to what is a proper expenditure of 
the buidlng fund. I believe outline maps, dictionaries for reference and 
any other necessary apjsaratus for the instruction of the scholars in the 
branches to be taught in the school, reasonable in amount, can be pur- 
chased out of the building fund at the discretion of the board of educa- 
tion by virtue of th« authority conferred by the 34th section upon such 
board to provide such furniture, fixtures and appliancfs for tbe school 
houses as the convenience of the scholars may require." — Alfred Caldwell, 
Attorney-General. 



Building 
Fuud. 



39. The proceeds of taxes so levied, of school houses 
and sites sold, of all donations, devises and bequests 
applicable to any of the purposes mentioned in the pre- 
ceding section, shall constitute a special fund to be called 
the '"building fund," to be approjDriated exclusively to 
the purposes named in the preceding section, 



CXIII . A balance due the building fund should not be taken by ths board 
to pay debts against the teachers' fund, nor should money be taken from 
the teachers' fuid to pay claims s gainst the building fund. 

CXIV. Insurance paid for thi^ destruction of a school house by fire is 
paid to the credit of the building fund of the board of education gener- 
ally, and may be used to erect another building in the same or a diifer- 
ent place, or for other purposes, as the board may direct. 

CXV. To supersede or correct a school levy by the circuit court. For 
process, see Acts of 1875, chapter 72, and Weils, et al vs. Board of Educa- 
tion, '20 W. Va. 157. 



Jjevy fir sup- 
port of 
schools 



40. For the support of the primary free schools of 
their district and in eacli independent school district, and 
to pay any existing indebtedness against the ""teachers' 
fund," the board of education thereof shall annually, on 
the tirst Monday in July or as soon thereafter as possi- 
ble levy, by the authority of the people, as prescribed in 
sectiou two of this chapter, such a tax on the property 



School Law of West Yieginia. 45 

taxable in the district as will, with the money received 
from the State for the support of free schools, be suffi- 
cient to keep schools in operiition at least five months in 
the year; Provided^ The said tax in any one year shall 
not exceed the rate of fifty cents on every one hundred ^imit of levy 
dollars valuation, according to the latest available assess- 
ment made for State and county taxation. The proceeds 
of this levy, together with the money received from the 
State as aforesaid, shall constitute a special fund to be 
called the "teachers' fund," and no part thereof shall beTea"hers 
used for any other purpose than the payment of teach- *'^'^'^- 
er's salaries; first for the current year, and any part of 
said fund not so expended, shall be appropriated to the 
payment of any existing indebtedness created for said 
purpose. Upon the failure of any board of education 
to lay such levy as is hereby required, or any other levy 
provided for in this chapter they shall be compelled to Board may be 
do so by the circuit court of the county by a writ of man.- compelled to 
damns, unless good cause be shown to the contrary. ^^^' 

But in case the levy provided for in this and the thirty- 
eighth section of this chapter shall not be sufficient to special levy 
pay any existing indebtedness of the district, in addition 
to the other purpose for which it is levied, the board 
may increase such levy tothe amount actu-ll}^ necessary, 
or lay a special levy for the purpose. And in no case 
shall the appropropriation of any money to the payment 
of any existing indebtedness, directly or indirectly, in- 
terfere with the payment of teachers' salaries for the 
term of five months, for which the schools are required 
by law to be kept open in each year. 

CXVI . Section 51 of chapter XXXII, of the Code, provides that : ' 'On real 
and personal property, not exempt from taxation," there shall be collected 
ten cents on every one hundred dollars' valuation thereof, for the support 
of free schools. See sections 60 and 61 of this Chapter. 

CXVII. Under the provisions of this section, the free schools must be 
kept in operation at least five months in the year, and as many more as may 
be determined by the voters of the district. 

"In districtsin vyrhich the fi'ty cent levy will not be safTicient to maintain 
the schools for Ave months, the board of education has the power to in- 
crease the levy to the amount actually necessary to makeup the deficiency, 
or thpy may lay a special levy for that purpose." — T. S. Eilley, Attorney- 
Gtiieral. 

GXVIII. A boa-'d of education has no authority to close the school of a 
district before the term of live months, required by law, and contracted to 
be taught by the teachers, has been finished, on account of lack of funds. 

CXIX. A board of education may be compelled hv a writ of mandamus to 
levy at a suflficient rate to run theschools of a district five mouths, if the 
people have directed by vote that the levy be miide and the rate of levy 
doe^ not exceed the limit prescribed by law Avbich may under the provis- 
ions of section 40, by special levy exceed fifty cents an the $100. 

CXX. A hoard of education violates a plain provision of the lav/ when it 
pays "existing iudebiedness" out of the l»^vy for the current year and 
thereby lihor ens tlie term of the schiols "of the district below five 
months. A sum iiecess iry to run the schools live months must Ije pro- 
vided, and if anything is left it may be applied to existing indebtedness. 



46 



School Law of West Virginia. 



Longer term 
than five 
months. 



To get share 
of State fund 
levy is 
necessary. 



41. If the board of education oi any district a^ree that 
the school in their district should be continued more 
than live months in the year, or if twenty or more voters 
of the district ask it, in writino-, they shall submit the 
question to the voters thereof at the next oeneral election, 
which order shall state also the leng-th of time for which 
it is proposed to continue the schools. Ballots may be 
used for voting on the question, on which may be writ- 
ten or printed "for months schools"; for those who 

are in favor of more than live months school; those who 
oppose a longer term than five months may vote with a 
ballot having written or printed on it, ""against more 
than five months school. " And if the proposition for a 
longer term than five months have a majority of all the 
votes cast for and against, then the board shall order the 
levy accordingly. Provided^ That in any district where 
a poll is held for a purpose herein specified, notices of 
such election shall be posted by the secretary of the 
board of education in at least three public places in the 
district, at least three weeks before the day of voting; 
and the notice shall explicitly state the term of time for 
the school, which is to be voted for, and only two terms 
of time shall be voted for at any one election. And the 
time of the term voted for at such election shall con- 
tinue for two years. The poll shall be held and the 
election conducted, and the official records returned as 
prescribed in the second section of this chapter. 

The trustees in each sub-district may, in their discre- 
tion, order all the schools under their jurisdiction to 
begin in any month in the school year. 

42. No district or independent school district shall 
hereafter receive any share of the distributable State 
fund for free schools, in any j^ear in which the levy 
required by the fortieth section has not been made in 
such district or independent school district; and any 
money heretofore or hereafter distributed, and undrawn 
and remaining credited on the books of the auditor to 
any such district or independent school district on the 
thirtieth day of June in each year, shall, on that day, 
be transferred on the books of the auditor to, and form 
a part of, the general school fund to be distributed. 



CXXI. It is the duty of the county superintendent of any couuty in whicli 
a district or districts have voted down tlie levy, to inform the Audiior of 
the same, giving name or names of said district or districts, that he mav 
properly transfer tttat part of the State fund due such district or districts 
for that year to the general school fund. See section 61, last clause. 



43. The assessor of every assessment district shall 
^l^jfj^^^^'ly^®''" make out and deliver to the secretary of the board of 
for school education of each district in his district, on or before 
the first day of July in each year, a certificate showing 



levy. 



School Law of West Virgijtia. 47 

the agorreaate value of all personal property; and the 
clerk of the county court shall certify to the said secre- 
tary the aofaregate value of all real estate in such dis- 
trict or independent school district, which certificates 
shall serve as a basis for any levy that may be made for 
school purposes for that year. 

44. Immediately upon the receipts of the certificates 
mentioned in the preceding section, and of the notice 
from the county superintendent, as hereinafter provided, 
showing: the amount of the general school f nnd to which 
such district, or independent school district, is entitled, 
it shall be the duty of the board of education of such 
district, to determine the rates of taxation necessary, for Board must 
the pay of teachers and for the building fund in their rate of taxa- 
district for the school year, and for the payment of any*^*^^' 
such existing indebtedness, as aforesaid, and report the 
same, by their secretary, to the clerk of the county . 
court, to the county superintendent, and also to the 
assessor; and thereupon, it shall be the duty of the said 
assessor to extend on his books of assessment for State 
and county purposes, the amount of taxes levied as 
aforesaid, in two separate columns, the one headed 
"'teachers' fund," and the other "building fund," from 
which extension the sheriff' shall proceed to collect the 
same, and shall account therefor as required by law. 

Any assessor who shall fail to make out and deliver 
the certificate mentioned in the forty-third section, and fairf cases'!" 
any secretary of a board of education who shall fail to 
make out and deliver the certficate named in this sec- 
tion, shall be fined twenty dollars for the benefit of the 
building fund of the district. And any assessor who 
shall charge on the assessor's books, as provided in the 
preceding section, a greater amount of taxes than is due 
from the person charged therewith shall, in such case, if 
the overcharge be inadvertently made, be fined double 
the amount, and if wilfully made, ten times the amount 
of the overcharge, one-half thereof to be applied to the 
benefit of the building fund, and the residue to the in- 
former. 

The fines provided for in this section may be recov- 
ered, on motion of any citizen of the district, or sub-^cove?e^d. 
district, in which such overcharge or delinquency of the 
assessor or secretary shall occur or in which the prop- 
erty overcharged may be, on ten days' notice before 
any justice of such district, or by indictment in the cir- 
cuit court. 

CXXII. The rate of taxation aud levy cannot be determined and laid be" 
fore the first Monday in July of each year. See form of proceedings at this 
meeting, in Appendix. 



School Law of West Virginia. 



Board must 
not create 
debt. 



Debt may be 
created in 
certain cases. 



Issuing bonds; 
must be voted 
on by the 
people. 



Trustees or 
Board indi- 
vidually 
responsible. 



45. It shall not be lawful for the board of education 
of any district, or independent school district, to con- 
tract for, or expend in any year, more than the aggre- 
gate amount of its quota of the general school fund, and 
the amount collected from the district or independent 
school district levies for that year, together with any 
balance remaining in the hands of the sheriff, or collec- 
tor, at the end of the preceding year, and such arrear- 
ages of taxes as may be due such district or independ- 
ent school district. 

But in districts wherein there is a town or city with 
an enumeration of youth of school age of three hun- 
dred or over, the board of education of such district 
may borrow money and issue bonds therefor for the 
purpose of building, completing, enlarging, repairing 
or furnishing school houses, in such town or city. Said 
bonds shall be payable not exceeding ten years from 
their date, and the rate of interest thereon shall not 
exceed six per centum per annum, but in no other case 
shall any debt be incurred by such board to be paid out 
of school money for any subsequent year: Provided^ 
That no debt shall be contracted under this section 
which shall, including existing indebtedness, in the 
aggregate, exceed five per centum on the value of the 
taxable property in said district, to be ascertained by 
the last assessment for state and county taxes previous 
to the incurring of such indebtedness, nor without at 
the same time providing for the collection of a direct 
annual tax sufficient to pay annually the interest on said 
debt, and the principal thereof, within and not exceed- 
ing thirty-four years; and, provided^ further^ that no 
debt shall be contracted under this section unless 
all questions connected with the same shall have been 
first submitted to a vote of the people of said district, 
a.nd have received three-fifths of all the votes cast for 
and against the same. Such election shall be held and 
conducted in the same manner as the general school 
election provided for in this chapter. 

If the trustees of any district, or any board of educa- 
tion shall make any agreement for the employment of a 
teacher in violation of this section, or for any other 
object concerning free schools under their charge, so as 
to occasion thereby the aggregate of the just claims 
against the board of education of the district, or inde- 
pendent school district, in any year, to exceed its aggre- 
gate receipts, as aforesaid, for such year, such board of 
education, or trustees, shall be individually responsible 
to the teacher, or other person with whom such agree- 
ment is made. 

The board of education of each district, and indepen- 



School Law of West Virginia. ^ 

dent school district, in each county, shall require its 
secretary, ten days prior to the first day of July, in each 
year, to prepare and post at three places of election 
within said district, or independent school district, and 
in each school district and independent school district 
where the expenditures for all school purposes in any 
one school year in said district shall equal or exceed the 
gum of three thousand dollars, said board of education 
shall also publish in some newspaper of the county 
having a general circulation in the district, an itemized 
statement, duly sworn to by the president and secretary 
of said board, showing all moneys disburse<l by said pre- 
sident and secretary by orders on the sheriff, or other- 
wise, within the school year, last preceding, distinguish- 
ing between the teachers' fund and building fund. The 
statement shall give the name of each person to whom 
an order shall have been issued, and shall state the 
object for which it was given. 

CXXIII. The law maks no provision for additional compensation for the 
gftcretary in consideration of making up the statements to be published by 
boards in all districts having an annual expenditure of $3,000 or more, 

CXXIV. An important ease arising under the provisions of Section 45, 
was decided by the Supreme Court of Appeals, December 6, 1&93, and Is 
reported in 88 W . Va. ,p. aS2. The syllabus reads as follows : 

1. Schoola aii,d ScliuoUiuuses — Boards of Education — Contracts — Construction 
of Statutfs 

Under section 45, c. 45, of the Code, the value of a school house and site 
yet unsold, though the board of education intends to sell it, can not be 
taken Into consideration in estimating the amount of money available in 
the fiscal year for contracts and expenditures. 

2. Schoo'h and ac.hDoUKiiwei — Boards of Editcation — Contracts— Construction 
of .Statutes. 

Where a contract between a board of education and contractors for build- 
ing asehoolliouse fixes a sum as the contract price, which may exceed the 
amount of money aviiilable under section 45, c. 45 of the Codj: for a liseal 
school year, but contains a provision that no liability shall be imposed by 
such contract on the board for anything beyond thesum lawfully availa- 
ble under that section, so as to prevent the contractors from recovering of 
the board anything beyond such sum, the contract is not unlawful under 
«aid section, so as lo prevent the board from "paying upon it such money 
as IS applicable under said section. 

46. The sheriff or collector of the county shall receive, duhcj* 
collect and disburse all school moneys for the several sbarftf. 
districts and independent districts therein, both that 
levied by said district and that distributed thereto by 
the State. He shall be required by the county court to 
give in addition to his bond as collector of the State and 
county taxes a special bond in approved security in a 
penalty equal to double the amount of school money 
which will probably come into his hands for school pur- 
poses during any one year of his term of office, which 
shall be made payable to the State of West Virginia, 
with one or more sureties deemed sufficient by such 
court, and proved or acknowledged before such court 
and an order stating sach proof or acknowledgment 
shall be entered of record by such court. 



50 School Law of West Virginia. 

He shall keep his accounts with the several boards of 
education of each district and independent school dis- 
trict: one of money belonging to the teachers' fund and 
the other of money belonging to the building fund, and 
shall credit every receipt and charge every disburse- 
ment to the fund to which it belongs. He shall pay out 
no money standing to the credit of the board of educa- 
tion, except upon an order signed by the secretary and 
president thereof, specifying the sum to be paid and the 
fund to which it is to be charged; or upon a certified 
copy of a judgment, or a decree of a court of justice 
against the said board, for a sum of money therein 
specified; or upon an order of the county superintend- 
ent, as provided in section eight of this chapter. 
Sheriff's set- He shall, ou, or immediately before, the first day of 
boards* ^^"^ '^^^J ^^ e&ch year, settle with the board of education of 
each district and independent school district, in which 
settlement he shall be charged with the amount of taxes 
levied by the board of education upon the property of 
the district or independent school district, for the teach- 
ers' fund and building fund, and to pay any indebted- 
ness of the district, and with the amount distributed 
thereto from the general State fund, and for any other 
moneys received by him durinof the current year on 
account of the free schools of such district or independ- 
ent school district; and he shall be credited with the 
amount of delinquent school taxes of such district or 
independent school district that has been duly returned 
by him and certified by the clerk of the county court to 
such board of education. 

He shall also be credited in such settlement with ail 
vouchers produced by him, if found to be correct by the 
district board of education, and he shall receive no other 
credits except his commission as hereinafter provided; 
an account of this settlement shall be made out by each 
board of education, naming the district for which it is 
made, with the propor debits and credits which were the 
subjects of this settlement. They shall also number all 
vouchers with which the sheriff has been credited by 
them, end endorse on the back of each the words, 
"Settled by B. E." Under this endorsement the secre- 
tary of the board shall sign his name and date of settle- 
ment. 
Sherifi's set- ^11 such accounts and vouchers so endorsed shall then 
tiement With ]jq delivered to the sheriff or collector whose duty it 
shall be to deliver them to the clerk ol the county court, 
which accounts and vouchers shall serve as a basis of 
the settlement to be made by the sheriff or collector, 
with the county court, according to Article XII. and 
iiection 7 of the Constitution, and section fifty-two of 



eounty eonrt. 



School Law of West Virginia. 51 

this chapter. If any sheriff or collector shall pay out 
in any one year, more money on account of the teach- 
ers' fund or building fund than shall have been levied 
and could have been collected by him during said year, 
together with the amount remaining in his hands from 
any preceding year, he shall in such settlement, receive 
no credit for such excess. 

He shall receive no pay for receiving and disbursing sheriff's com 
the State school fund, and not more than two per cent. !^o!i°^'?'^ . 

„ .. TT1 • •! 1 J ^ laiiroaa taxes. 

for receivmg and disbursing railroad taxes, and no pay 

for the disbursement of any school money, arising from 

the sale of school property or received from any other 

source than levies. If he fail to account for and pay 

over, as required by law, any money which may come 

to his hands, or for which he is liable, judgment may he 

recovered therefor against him and his securities, with 

interest and ten per cent, damages; and upon the failure 

of such sheriff to pay any proper draft which may be l^rse^rafta^" 

drawn by the said board of education upon him, the 

person entitled to receive the sum of money specified in 

such draft may require the sheriff' to endorse thereon, 

or write across the face thereof the words "presented 

for payment," with the proper date, and sign the same, 

and judgment upon motion therefor may be obtained 

against the sheriff before any justice of his coTinty, or 

before the circuit court thereof, with interest from the 

time said draft was presented and ten per cent. dam.ages, 

he having had at least ten days' notice of the motion: 

Provided^ That no sheriff' shall be required to endorse 

any school order, nor shall suit be brought on any such 

school order prior to the first day of November of the 

current school year. 

CXXV. Where error Is discovered after a settlement has been made it 
may be corrected by proper legal proceediiigs. 

CXXVI. See Code, c.Viapter 41, section 56. as to penalty for sheriff, who 
shall tail or refuse to pay any draft or order lawfully drawn upon him, un- 
der certain circumstances. 

CXXVII. "Neither the board of cdnc;iticn, as a corporation, nor the 
members thereof inciividually, are Jiabj'-i lo ash^riff wh'j has paid out more 
in apy year, on account of the teachers' fund, than has been levied and 
could have been collected by him daring sncb year, together with the 
amount remaining in his hands from any previous year."— .li/red Caldwell 
Atiorneif-General. 

CXXVIII. School orders shall be received at par v'slue in payment of 
taxci, county and dist-ict levies, militia fines and officers' fees, etc.— See 
section 10, chapter 41, Code. 

CXXIX. There is no law pr,;- icling for the payment, by boards of educa- 
tion, or lees to county clerks I ,■ prenariuc? abstracts of sheriffs' settlements 
as required by section 5:2; or < • /lifying d- IfiKiuent lists to Boards of elnca- 
litin. as requa-ed of him by t. . ; S'.ution, or for certifying the vslne of real 
estate to said boards as he is required to do by section 4". This work is a 
part of his duty as a county officer, for which he is paid a salary out of the 
counuy treasury by the county court. 



g2 



School Law of West Virginia. 



47. The delinquent lists for district levies shall be re- 
turned and real estate sold therefor, as hereinafter pro- 
vided. 

Such lists of delinquent lands shall be in form, or in 
substance, as follows: 

"List of real estate in the district of — — , in the coun- 
ty of , delinquent for the non-payment of school 

taxes thereon for the year :" 











a 








a 




























<a m 














13 


Si 


■°o 














fl 




tS 






■o 






eS 




f^ ^ 


pi 






<u 


Name of Person . 


"d 


O 


So 


H 




c 




51 . 








.S-2 


cS O 


,s 


a 


^ 
3 







cS 










o 






K 



& 


0) 


ft 


1^ 


s 
m 


a 


^ 
^ 



The delinquent lists of personal property shall be in 
form or in substance as follows: 

"List of personal property in the district of , in 

the county of , delinquent for non-payment of 

school taxes thereon for the year :" 





Oj 








rt 








a . 








<u 








tc <D 








■c 








S«) 














Name of Person. 





















m 


M 




a") ;::] 








t- ft, 




fl 


1 — 1 


^ til , 










o 
si 


nS 


Oj 


vi 








o 


ai 




ft 










H 


H 


ffl 


CO 























And the sherifl' or collector returning such lists shaJl, 
at the foot thereof, subscribe the following oath: "i, 

A B , sherifl', (deputy sherifl' or collector), of 

the county of , do swear that the foregoing list is, 

I verily believe, correct and just; and that 1 have receiv- 



School Law of West Virginia. 53 

ed no part of the taxes for which the real estate (or per- 
sonal property, as the case may be), therein mentioned 
is returned delinquent, and that 1 have used due dili- 
gence to find property within my county liable to dis- 
tress for said taxes, but have found none." 

48. The said lists shall be returned to the county court, property usta 
before the first day of July in every year, and a list of disposition 
real estate shall be examined, corrected and allowed by 

said court, and a copy thereof certified to the auditor, 
and another copy to the assessor for future use in mak- 
ing out the next land book. The list of personal pro- 
perty shall also be examined, corrected and allowed by 
the court, and the amount thereof so allowed, together 
with the amount allowed of the list of real estate, shall 
be certified by the clerk of said court, to the secretary 
of the board of education of the proper district. The 
original list shall be preserved by the clerk of said court 
in his oflS^ce. 

CXXX. Secretaries should see to it that clerks of the county courts 
furnish them with these lists before the first Monday in July, as required 
bylaw. 

49. The auditor shall include the school taxes on real Return of de- 
estate so returned delinquent, in his list to be furnished Ji"<i'i«°* i^'^':^- 
the sheriff for sale for deliquent taxes. 

50. There shall be a lien on all real estate for the dis- ^g^ ^^ ^.^^^ 
trict levies assessed thereon, from the day fixed by law estate for 
for the commencement of the assessment of taxes therein ^^ ®^' 

for such year, and interest upon such levies at the rate 
of six per cent, per annum, from the twentieth day of 
January in the year following that in which the assess- 
ment is made, until payment. 

51. A copy of the list of personal property, returned 
delinquent for the non-payment of district levies, shall, a/'proplrty're- 
be placed by the clerk of the county court in the hands q^'^^^t;'' ^*^'^^" 
of the sheriff or collector for collection, to be collected 

and accounted for by him, in the same manner as for 
levies originally placed in his hands for collection; and 
he may collect such levies by distress or otherwise, at 
any time within two years after they are so placed in his 
hands. 

52. Every sheriff or collector shall be allowed five sheriff's com- 
peo- cenhim commissions on the collection of all district ^^^f.^.V'? ?Jl„e 
levies tor tree school purposes. In addition to the settle- 
ments required to be made with each board of a district, 

every sheriff or collector of school moneys shall also 
make annual settlements, by districts, with the county 
court of his county, at its next term after the first day 
of July of each year, showing the amount of all moneys 
received and disbursed by him for the preceding year 



54 School Law of West Vikginia. 

for school and building purposes from State and from 
the district and indej^endent school district funds, and 
the amount due to each district; which settlement shall 
be made a matter of record by the clerk of said court, 
in a book to be kept for that purpose." All accounts 
and vouchers required to be returned to the clerk of the 
county court by section forty-six of this chapter, shall 
be filed by said clerk in his office, and the file of each 
district shall be kept separate. 
Penalty for ^^ ^^J sheriff or collector of school moneys shall fail 
failure to to make the settlement required by this section at the 
ments!^ ^ time required, without reasonable cause therefor, he 
shall forfeit fifty dollars to the general school fund, and 
a like penality shall be incurred by him for each subse- 
quent term of the court that shall pass without such 
settlement. And the sheriff or collector shall moreover, 
be charged with twelve per cent, interest on all school 
moneys in his hands for the time he is in default in mak- 
ing the settlement required in this section, which inter- 
est shall be charged up against him when the settlement 
shall be made. 
prosseuting When the sheriff or collector shall fail to make this 
Attorne^y shall settlement at the time required herein, it shall be the 
duty of the prosecuting attorney to proceed by action 
against him and his securities in the circuit court, to 
recover the fine imposed upon him by this section. 
Every sheriff or collector shall, moreover, be liable to 
any person injured in consequence of his failure to make 
the settlement herein required. This settlement shall 
extend back to the commencement of the term of office 
of such sheriff or collector. 
j^ ^ If any board of education fail to make the settlements 

board fined, required by section forty-six of this chapter, with the 
sheriff, when requested by him to do so, each member 
of such board so failing or refusing shall be fined twenty 
dollars, for the benefit of the school fund. 

The clerk of the county court shall transmit an 
abstract of the settlement to the State Superintendent of 
Free Schools within ten days after the same has been 
made. 

And the retiring sheriff shall within sixty days after 
he shall have made his final settlement in the manner 
herein provided, pay and turn over to his successors in 
office such balances as may be shovv'n due from him by 
said settlements upon such order as is prescribed by sec- 
tion forty-six of this chapter, and if he fail to do so, he 
shall be liable to the forfeit and penalty herein pres- 
cribed. 

CXXXI. This abstract of the settlement with the sheriff should be 
promptly forwarded to the State superintendent, by the county cleric, imme- 



•School Law of West Virginia. 55 

diately after tho set'lement with the sheriff made at the next term of the 
county court after the first day of Juiy annaaily, aa required by section 52. 

53. The county superintendent of schools shall be a county super- 
person of good moral character, of temperate habits, qua^uflcltioaa 
literary acquirements, and skill ana experience in the and salary, 
art of teaching. He shall receive for his services an 
annual compensation, as follows: In counties having 
not more than fifty schools, one hundred and fifty dol- 
lars; in counties having more than fifty and not more 
than seventy-five schools, two hundred dollars; in coun- 
ties having more than seventy-five and not more than 
one hundred schools, two hundred and fifty dollars, and 
in counties having more than one hundred schools, three 
hundred dollars, which salary shall be paid ratably for 
any shorter term of service than one year. 

Such compensation shall be paid quarterly, upon salary, how 
orders drawn by the county superintendent on the State p^'**- 
Superintendent of Free Schools, who shall, upon receiv- 
ing the same, draw his warrant upon the auditor there- 
for, payable to such county superintendent, or to such 
person as he may direct. But the final payment shall 
not be made until the county superintendent has made 
the reports required of him to the State Superintendent 
of Free Schools. The same shall be paid out of the 
general school fund, but the amount thereof shall be 
deducted by the auditor from the amount next to be 
distributed to each county. 

He shall, before entering upon the duties of his office, county super- 
execute a bond, conditioned according to law, before the hond.*^ 
county court of his county, or the clerk thereof in vaca- 
tion, in the sum of five hundred dollars, with approved 
security, upon which bond he shall be liable in any court 
having jurisdiction, to any person or persons, or to any 
board of education, for losses sustained by reason of his 
neglect; or non-performance of duties imposed by this 
chapter. Said bond shall be filed in the office of the 
clerk of the county court, who shall within five days 
certify to the State Superintendent of Free Schools the 
name of said county superintendent and his post office 
address: Provided^ That the county superintendents 
heretofore elected shall continue in office until their suc- 
cessors shall have been elected and qualified under this 
chapter. 

A vacancy in the office of county superintendent shall vacar.cy, how 
1)e filled for the unexpired term by the presidents of the fluad. 
boards of education in the county, at a meeting to be 
called for that purpose by the clerk of the county court, 
at the court house of the county, within thirty days 
after the vacancy occurs. A majority of said presidents 



56 SoHooii Law of West Virginia. 

shall be necessary to constitute a quorum at such meet- 
ing. 

OXXXII. County superintendents must make their reports to the state 
superintendent full and complete hefore making requisition for last 
quarter's salary; and the state superintendent must see to it that said re- 
port is full and accurate before issuing his requisition upon the Auditor for 
said last quarter's salary of county superintendent. 

CXXXIIl. The offices of county superintendent and of notary pul)lic are 
not incompatible. 

CXXXIV. County superintendents have no offloial authority over tha 
queationof the rute of wsxges to be paid in ihe se'veral districts. Boards of 
education fix the rate to be paid each grade, provided that they do nos go 
below $25 per month for grade No. 1; $22 for No. 2; and $18 for No. 3 certifi- 
cates. See section 6. 

CXXXV. The county superintendent should not pay the secretaries un- 
til he has examined their books and found them correct. If he does this 
he violates the plain provision of law as set forth in section 8 of this chap- 
ter. 

CXXXVI. The salary of the county 'superintendent depends or is regu- 
lated by the number of schools, and I have no doubt that if the number of 
schools increase so as to increase his salary during his term of office he is 
entitled to such increased salary. —T. S. Riley, Attorney-G-eneral. 

County Super- 54. The countj Superintendent shall Adsit each school 
intendent to within his countv, at least once in each school year, at 

visit schools. 1,-11 -I "^ ^ -, 

such time as be may deem necessary and proper, and 
note the course and method of instruction and the 
branches taught, and give such directions in the art of 
teaching, and the method thereof in each school, as to 
him shall seem necessary or expedient, so that the uni- 
formity in the course of studies and methods of instruc- 
tion employed shall be secured, as far as practicable, in 
the schools of the several grades, respectively. 

He shall acquaint himself, as far as practicable, with 
the character and condition of each school, noting any 
deficiencies that may exist, either in the government of 
the school, the classification of its scholars, or the 
method of instruction employed in the several branches, 
and shall make such suggestions in private to the teach- 
er, orally or by writing, as to him shall appear to be 
necessary to the a:ood order of the schools and the pro- 
gress of the scholars- He shall note the character and 
condition of the school houses, the sufficiency or insuf- 
ficiency of their furniture and fixtures, and shall make 
buch suggestions to the several boards of education and 
trustees as in his opinion shall seem conducive to the 
comfort and progress of the scholars in the several 
schools. 

County and ^^- ^^ ^^^^^ ^® ^^^ ^^^^ "^ ^^® county superintendent 

union insti-; to aid the teachers in all proper efi'orts to improve them- 

^^^^^' selves in their profession. For this purpose, he shall 

encourage the formation of county institutes for mutual 

improvement; shall attend the meetings of said institutes 



School Law of West Virginia. 67 

whenever practicable, and give such advice and instruc- 
tion, in regard to their conduct and management, as in 
his judgment will contribute to their great efficiency. 
In connection with superintendents of the adjoining 
counties, each county superintendent shall encourage the 
formation of union institutes; shall attend and partici- 
pate in the exercises of the same, as far as practicable; 
and shall use all proper means to improve the efficiency 
of the teachers and to elevate their profession. 

He shall at all times conform to the instructions of 
the State Superintendent of Free Schools, as to the mat- 
ters within the jurisdiction of the said Superintendent, 
and shall serve as the organ of communication 
between him and the several district boards of education. 
He shall distribute from his office all blanks, circulars, 
copies of school laws and other communications from 
the State Superintendent to the several boards and per- 
sons entitled to receive the same. 

56. In addition to the reports mentioned in the twenty- connty super- 
second section, it shall be the duty of the county super- rg' orfg®°''^ 
intendent to make out and transmit to the State Super- ^^^^^ ^' 
intendent of Free Schools a detailed report of the condi- 
tion and character of the schools within his county, not- 
ing all deficiencies and suggesting their remedies, with 

Buch remarks upon the operations of the school laws as 
his experience and observation may suggest, pointing 
out wherein he considers them deficient. He shall also 
report such districts as have failed to make returns of 
the enumeration of youth as required in the nineteenth 
section of this chapter; and also those districts that have 
failed to make the levy required in section forty. It 
shall be the duty of the county superintendent to make 
in a well bound book to be kept for the purpose, a record 
of all his proceedings; of all certificates issued by the 
board of examiners, and of all reports made by him, 
which book shall be the property of the office; and all 
outgoing county superintendents shall make the report 
required for each year of their service. 

CXXXVII. The law as laid down in section 56, Is explicit in requiring a 
written report of the condition of the schools and school work over which 
they have supervision. Blank pages are found in the connty superinten- 
dent's "annual report" and the same should be properly filled. 

57. No school officer, or teacher of any free school, shall shoois officers 
act as agent for any author, publisher, bookseller, or other and teachers 
person, to mtroduce or recommend the use or any book, agents. 
apparatus, furniture, or other article whatever, in the 

free schools of this State, or any one or more of them, 
or directly or indirectly contract for or receive any gift 
or re ward iov m introdiicing or recommepciing the mnm 



58 School Law of West Virginia. 

nor shall such person be otherwise interested in the sale, 
proceeds or profits of any book or other thing used, or 
to be used in said schools: Promded^ That nothing 
herein shall be construed to apply to any book written, 
or thing invented by such person, or to merchants who, 
in connection with their business, may desire to sell 
school books or other things used in schools. Provided, 
further, That the same are embrced in the prescribed 
series. 

CXXXVIII. It is not a violation of law for the teacher to order for the 
pupils of his school, they furuisbiDg the money, the lawful contract nchool 
booJia they need, at the contract price, either by mail or express. The 
teacher would violate the law, however, if he tooir any profit, or in any sense 
became an agent or dealer in school books. 

58. [This is inserted in place of section 58 of chapter 
45 of the code, which is repealed by it.] 

I. That on and after the first day of July, 1896, the 
following text-books, and no others, except as herein- 
after provided, shall be used in the primary and graded 
schools throughout the State, and the prices of said 
books shall be and remain the same as are named in this 
section. 

orthography. 

Contract Price. 

McGuffey's Revised Eclectic 

Spelling Book 10c. (ten cents.) 

READING. 

Contract Price. 

McGuffey's Eevised First Ec- 
lectic Reader 10c. (ten cents.) 

McGuffey's Revised Second 

Eclectic Reader 18e. (eighteen cents.) 

McGuffey's Revised Third 

Eclectic Reader 25c. (twenty-five cents.) 

McG-uffey's Revised Fourth 

Eclectic Reader 30c. (thirty cents.) 

McGufl'ey's Revised Fifth Ec- 
lectic Reader 4:5c. (forty-five cents.) 

PENMANSHIP. 

Contract Price. 

Ginn &> Co.'s Grammar Course, 

Nos. 1, 2, 3, 4, 5, 6 and 7, 32 

pages to each number, Nos. 1 

and 2 having two copies to each 

page 5c. each (five cts.) 

Ginn & Co.'s Tracing Books, Nos, 

1, % irid 3 , , » ,....» #c. e?i0h (four cti, 



School Law of West Virginia. 59 

mathematics. 

Contract Price. Contract Ex- 

change Price. 

Eay s New Primary 

Arithmetic 10c. (ten cents.) 

Brooks' New Mental 

Arithmetic 22c. (twenty-two 15c. (fifteen 

cents.) cents.) 

Contract Price. 

Eay's New Practical Arithme- 
tic 35c. (thirty-five cents.) 

Ray's New Higher Arithmetic 60c. (sixty cents.) 

Ray's New Elementary Alge- 
bra 60c. (sixty cents. ) 

Ray's Ne 5V Higher Algebra. . . 75c. (seventy-five cents.) 

Evans' School Geometry for 

beginners 40c. (forty cents.) 

ENGLISH GEAMMAR. 

Contract Price. 

Hyde's Language Lessons, Parti 25c. (twenty-five cts.) 
Hyde's Language Lessons, Part n 13c. (forty :three cts.) 

Contract Price. Contract Ex- 

change Price. 

Advanced Lessons in 
English (Hyde), for 

high schools 36c. (thirty-six 25c. (twenty- 
cents.) five cents.) 
Plarvey's Revised En- 
glish Grammar 
(Harvey), for high 

schools 47c. (forty-seven 

cents.) 

PHYSIOLOGY. 

Contract Price. 

Cutter's Beginner's Anatomy, 
Physiology and Hygiene 20c. (twenty cents.) 

Cutter's Intermediate Physiol- 
ogy and Hygiene 35c. (thirty-five cents.) 

Cutter's Comprehensive Physiol- 
ogy and Hygiene 60c. (sixty cents. ) 

HISTORY. 

Contract Price. Contract Ex 

change Price. 

General History — 
Myers' General His- 
tory $1.10 (one dollar and 

ten cents.) 83c. (eighty- 
two cents. ) 



60 School Law of West Vikginia. 

Contract Price. Exchange Price 

United States — Lead- 
ing Facts of Ameri- 
can History (Mont- 
gomery) 65c. (sixty-five 50c. (fifty 

cents.) cents.) 

The Beginner's Ameri- 
can History (Mont- 
gomery) 43c. (forty-three S5c. (thirty- 

.cents.) five cents.) 

State History — History 
and Government of 
West Virginia 
(Lewis) 80c. (eighty cents.) 

GEOGEAPHY. 

Contract Price. ContraotBt- 

eliauge Price. 

Mitchell's New Primary 

Geography thirty-five cents 

per copy. 
Mitchell's New Inter- 
mediate Geography, eighty cents per 

copy. 
Knote's Geography of 

West Virginia thirty cents per 

copy. 
Maury's Physical Ge- 
ography 75c. (seventy-five 25c. (twenty 

cents.) five cents.) 

Butler's New Physical 

Geography 75c. (seventy-five 25c. (twenty 

cents.) five cents.) 

SINGLE EMTEY BOOK-KEEPING. 

Contract Price. Contract Ex 

change Price. 

Meservey's Book-keep- 
ing 35c. (thirty-five 20c. (twenty 

cents.) cents.) 

Meservey's Book-keep- 
ing Blanks (optional), 

per set 35c. (thirty-five 

cents.) 

CIVIL GOVEKNMENT. 

The American Citizen 

(Dole) 65c. (sixty-five 43c. forty- 

cents.) three cents.) 

Provided^ That "Dole's American Citizen" shall not 



School Law of West Virginia. 61 

be contracted for under the provisions of this act, either 
as a \vork on civil government or as a reader, until the 
sa no. has been changed so as to conform with the Senate 
resolution offered by Mr. Finley and adopted by the 
Senate on February 14, 1895. 

MAPS. 

Rand, IMcNally & Company's wall maps and school 
globes, 40 per cent, off retail price. 

MISCELLANEOUS. 

Contract Price. 

Dictation Blanks, (O'Neill), Nos. 

1 , 2, and 3 each 4c. (four cents). 

Globe Practical Spelling Tablet 

36 pages 3c. (three cents). 

Optional Studies in Schools of all Grad^es. 
object drawing. 

Oontract Price. 

Jacob's and Brower's Elementary, 

Nos. 1, 2, 3, 4, per copy. ... 8c. (eight cents). 
Advanced, Nog. 5, 6, 7, per copy. lie. (eleven cents). 
Teachers' Manual 30c. (thirty cents). 

MUSIC. 

Contract Price. 

Cecilian Series of Study and 

Song, No. 1 25c. (twenty-five cents.) 

Cecilian Series of Study and 

Song, No. 2 35c. (thirty-five cents.) 

Cecilian Series of Study and 

Song, No. 3 50c. (fifty cents.) 

Cecilian Series of Study and 

Song, No. 4 50c. (fifty cents. ) 

SUPPLEMENTARY READING. 

Contract Price. 

Nature Readers, Book I. 

(Wright) 18c (eighteen cents.) 

Nature Readers, Book II. 

(Wright) • . . . 25c (twenty-five cents.) 

Nature, Readers, Book III. 

(Wright) 38c (thirty-eight cents.) 

Nature Readers, Book IV. 

(Wright) 45c (forty- five cents.) 



62 



School Law of West Virginia 



WorTis of Reference. 



DICTIONARIES. 



State Superin- 
tendent to 
contract for 
Ibooka. 



Contract for 
five years . 



Otlier con- 
ditions of 
contract. 



Changes in 
books. 



(1) Webster's Common School. ...$0.50 (fifty cents.) 

(2) Webster's Academic 1. 00 (one dollar. ) 

(1) Worcester's New School 55 (fifty- five cents.) 

(2) Worcester's Academic 1. 00 (one dollar. ) 

Peter's Tellurian with Instruction 

Eook 5.00 (five dollars.) 

Provided^ That no pupil or school shall be required 
by any board of education, teacher or trustee to use the 
supplementary reading books, dictation blanks, Cecilian 
Series of Study and Sono^, Peter's Tellurian with In- 
struction Book, Globe Practical Spelling Tablet, 
Rand, McNally & Co.'s wall maps, or object drawing, 
unless the parent or guardian of said pupil elect to do 
so, and no depositary shall be required to keep the same 
on hand for sale. 

II. The State Superintendent of schools shall, on or 
before the first day of September, one thousand eight 
hundred and ninety-five, contract with the several pub- 
lishers for the text books named in the preceding section, 
or that may be adopted under the provisions of this act, 
for supplying such books for use m the free schools of 
the State. 

III. The text-books selected and prescribed under the 
provisions of this act shall be sold by said pub- 
lishers to any board of education, depositary, 
teacher, pupi!, parent or guardian or other per- 
son of this State at a price not exceeding the net con- 
tract price named in connection with and opposite each 
of said books in section one of this act. Such contract 
shall be made for a period of five years, beginning with 
the first day of July, eighteen hundred and ninety-six, 
and shall also provide that said publishers will supply 
such books in sufficient quantities and in quality of pa- 
per, typography and binding equal to the sample copies 
exhibited to the committees on education of the session 
of the Legislature of this State of one thousand eight 
hundred and ninety-five, and shall provide that said 
publishers shall deposit with said State Superintendent 
similar copies of said books, to be properly marked and 
safely kept by him. 

No revision of such books shall be introduced into the 
free schools of this State during the life of the contract, 
except that the publishers of said geographies may 
make such changes therein, but not so as to alter the ar- 
rangement thereof, as may be necessary to cause such 



School Law of West Vikginia. 63 

books to conform to 'the facts of later explorations, the 
chano-es in the form of government and political divis- 
ions, and the discoveries of science. 

Said contract shall also provide that said publishers ge^ednie of 
shall print for the information of county superintend- prices. 
ents, boards of education and for general circulation, a 
full schedule of the contract prices and exchange prices 
agreed upon, and to furnish to each county superintend- 
ent so many copies of such schedule as may not be less 
than the aggregate number of school houses and places 
in the county where such books are sold. Such con- 
tracts with the publishers of books not now used in the 
schools of this otate, shall provide for furnishing such 
books at the exchange prices named opposite said iDooks 
in section one (1) of this act; and that said publishers 
shall make no charge to the boards of education or de- 
positaries or other persons for the boxing or cartage of 
such books, but shall deliver the same free on board cars 
at the place of publication; and that the said publishers 
shall at the end of the life of any contract that may be 
made under the provision of this act, take back all copies 
of their books that may be in the hands of said depositaries 
and in good condition, and refund the amount paid there- 
for; also that if any of said publishers shall hereafter fur- 
nish any of said books to any state, county, district or 
township, city or town, at less than the foregoing 
prices, then such decreased prices shall also be estab- 
lished as a part of any contract made under the provis- 
ions of this act. 

IV. The several publishers of the said described Publishers' 
school books shall each, on or before the first day of*"^^*^" 
September, one thousand eight hundred and ninety-five, 
execute and file with the State Superintendent of Schools, 

a bond to be approved by the Governor, in the penalty of 
ten thousand dollars, payable to the State of West Vir- 
ginia, conditioned according to law for the faithful per- 
formance of the contract and agreement made m pursu- 
ance with this act. And upon a breach of any of the 
conditions of such bond, the State Superintendent shall, 
in the name of the State, institute suit thereon to recover 
for the same. All moneys so recovered, after the pay- 
ment of the costs of such proceedings, shall be paid into 
the general school fund and be distributed with it as 
provided by law. 

V. If any publishers of any of said text books, or Failure or 
series of such books, as are published in a series, shall l^J^f^^^ 1° 
fail or refuse on or before the first day of September, 

one thousand eight hundred and ninety-live, to agree 
a»d contraot, and exoonte and file bond as kereinbelore 
required, it shall be the duty of the (jOTerp.or to appoiat 



64 



School Law of West Virginia. 



Sehiool Book 
Board. 



RpTii'mera- 
tlouoi Uook 
Board. 



Dopositarles. 



Depositaries 
to make lists 
of books. 



three persons, citizens of this State, not more than two 
of whom shall be of the same political party, to 
be known as the State School Book Board, to solicit 
proposals from any publisher for the furnishing of such 
books not contracted for as may be required to complete 
the list of text-books for use in the free schools of the 
State; and from the books so offered, they shall select 
such as in their judgment are best adapted to be used in 
said schools, and to contract before the first day of July, 
one thousand eight hundred and ninety-six, for the fur- 
nishing of the same in conformity with the provisions 
of this act. 

Provided^ That said School Book Board shall not con- 
tract for any text-book at a price exceeding the price 
named in section one of this act for books on the same 
subject, but may, in their discretion, require publishers 
to exchange books so contracted for on a free or even 
exchange for those now in use. 

The said State School Book Board shall each receive 
four dollars per day each day, not to exceed twenty-five 
days, they are necessarily employed in carrying out the 
provisions of this act, and actual necessary traveling 
ing expenses, to be paid by the Auditor out of the gen- 
eral lund, on the certificate and order of said State 
School Book Board. Any vacancy in said board shall 
be filled by the Governor. 

VI. At the first meeting after the 30th day of June, 
1896, the board of education of every district in this 
state, shall appoint one or more depositaries in each dis- 
trict, and when practicable one or more depositaries at 
or near each postoffice, whereat shall be kept at all times 
a sufficient supply of text-books to supply the free 
schools of the neighborhood. Each depositary shall 
execute a bond in the penalty of double the value of the 
books which he will probably have on hand at any 
time, but in no event of a less penalty than two hundred 
dollars; which bond shall be approved by the board of 
education and filed with the secretary thereof. 

VII. Each depositary shall, on or before the first day 
of September following, unless the board of education 
shall name an earlier date, make out a list of the text- 
books, in sufficient quantity in his judgment, to supply 
the schools of his neighborhood for a period of six 
months, and from time to time thereafter each deposi- 
tary shall make out additional lists of such books so that 
he may at all times have a sufficient supply on hand; 
such lists, when approved by the board of education, or 
the president thereof, shall be signed by him and the 
georetary thereof, and by the secretary forwarded to 
tiie ai;Mre!P8 of the publishers ol the books ther^m Burned. 



School Law of West Virginia. 65 

VIII. It shall be the duty of said publishers promptly invoices of 
to forward the books therein named to such depositary, books. 
and to make out two invoices or bills therefor, one of 
which shall be forwarded to the depositary and the other 
to the secretary of the board of education. The board 
of education shall supply the secretary with a proper 
book in which to keep the accounts of all the deposi- 
taries in the district. On the receipt of each invoice 
the secretary shall charge the amount thereof against 
the depositary receiving the books therein named in said 
account book, and file or preserve the invoice or bill. 
If there be any error in such invoice or bill, the deposi- 
tary receiving the same, shall promptly notify the pub- 
lisher making the same, and if such publisher fail to 
correct such error within ten days thereafter, such 
depositary shall notify the secretary of the board of 
education thereof, and the board of education shall 
investigate the same and take such action therein as 
may be proper and just. 

;&ach depositary snail pay to the sheriff of the coanty. Depositaries' 
at the end of each sixty days, or oftener if required, commisKiun. 
and whenever required by the board of education, the 
amount of money received by him from the sale of such 
text-books, since his last previous paj^ment, less his com- 
mission, not exceeding twelve per cent, on the account 
of such sales. 

The sheriff shall give duplicate receipts therefor to sheriffs 
such depositary, wherein shall be stated the total I'^'^^^pf''' '^c. 
amount of such sales and the amount paid by such depos- 
itary to the sheriff, one of which receipts shall be filed 
by such depositary with the secretary of the board 
of education; and upon receiving the same, said 
secretary shall credit the account of said depositary 
with the amount appearing thereby to have been so paid 
by him, and the amount of said commission, by separate 
items; and said secretary shall charge against the 
account of the sheriff', which he is hereby required to 
keep, the amount paid by such depositary to such 
sheriff, to be accounted for by the sheriff in his annual 
settlement with the board of education. 

The amounts received from the sales of such books. Money from 
shall be credited to the building fund of the district. boo\s! 
Each depositary shall be allowed a commission not to 
exceed twelve per cent, on the amount of all sales made 
by him, out of which commission he shall be required 
to pay all charges for transportation. 

IX. The board of education of each district shall be Board of 
liable in its corporate capacity for the whole amount of Education 
all such text-books furnished to the depositaries in the 
manner hereinbefore prescribed, and shall within sixty 



66 



School Law of West Vikginia. 



Levy for 
books. 



State Super- 
intsndent to 
prepare 
D la uk forms. 



Naraeg ani 
addresses of 
presidents 
and secre- 
taries. 



Board may- 
remove De- 
positary. 



days from the date of any invoice or bill of text-books 
supplied by the publishers thereof to any depositary in 
the district, in the manner prescribed in the preceding 
section, cause an order to be issued in favor of such 
publishers, payable out of the building fund of the dis- 
trict, and cause such order to be forwarded by mail to 
such publishers. On presentation of such order to him 
the sheriff shall pay the amount thereof to the party 
entitled to receive the same, if there be in his hands 
sufficient funds due the building fund of said district; 
but if the sheriff have not sufficient of such funds to pay 
the same, he shall endorse on the back thereof the 
words "Presented for payment," with the date of such 
presentation, and said order shall draw interest from 
that date. If the sheriff shall fail or refuse to pay such 
order when he has funds in his hands, or should by law 
have the same, with which to do so, h© shall be liable 
as provided in section forty-six of chapter forty-five of 
the code. 

X. The bo9.rd of education shall pay the cost of such 
text-books out of the building fund of the district, and 
shall lay an annual levy for the same on the taxable 
property of the district, in the manner and at the time 
that other levies are laid for said fund. 

XI. It shall be the duty of the State Superintendent 
of Schools to prepare and have printed a form of bond 
to be executed by the depositaries, blank order lists for 
books, which shall contain the names and titles and 
prices of all books contracted for under the provisions 
of this act, and the names and addresses of the publish- 
ers thereof, and also such other blanks, and also instruc- 
tions as in his judgment may be deemed necessary to 
cause the provisions of this act to be carried out in a 
proper manner. He shall furnish to each County 
Superintendent a sufficient supply thereof for his county. 

XII. It shall be the dut}'- of the County Superintend- 
ent of every county, on or before the first day of July, 
eighteen hundred and ninety- six, to furnish to every 
publisher of text-books contracted with under the pro- 
visions of this act, the names and post-office addresses 
of all the presidents and secretaries of boards of educa- 
tion in his county; and he shall notify such publishers 
of any changes in such names and addresses as soon as 
they shall come to his knowledge. 

XIII. The board of education may remove any depos- 
itary in its district at any time, and appoint another in 
his stead; may require him to execute a new bond, or 
additional t oud, whenever in their opinion they shall 
deem it necessary, and may cause to be made at any 
time an iavoice of s&ici te3s:t~bQoks in the possessioa of 



School Law of West Vieginia. 67 

any such depositary. It shall be the duty of every de- 
positary, whenever the board of education shall so ordor, 
to turn over to his successor, or such other perBon as 
the said board may name, all such text-books in his 
possession. 

XIV. Depositaries shall receive from any resident of Books in 
this State copies of the books that are or may be super- ®^°^*°Ke. 
seded by the provisions of this act, at the contract ex- 
chancre prices, named in section one (1) of this act or as 
provided for under the provisions of section five (5) of 

this act, to be applied on payment of the prescribed 
books. Each depositary shall turn over all such old 
books to the board of education at such times as said 
board may direct, and shall be credited on his account 
with the value thereof. Said old books shall be held 
by the board of education subject to the orders of the 
publishers, for a period of not longer than three 
months. 

XV. If any teacher in a primary or graded school of Teacher 
the free school system of the State use or cause to be^*^^^«- 
used in such primary or graded school, any text-books 

not herein authorized, then in any such case or instance, 
any publisher of a text-book which should have been 
used in the place of such unauthorized text- books may 
apply to the State Superintendent of Free Schools for 
an order signed by him, to be directed to such teacher 
requiring the use of such unauthorized class-book to be 
discontinued; which order it shall be the duty of the 
State Superintandent of Free Schools to give to such 
publisher upon his affidavit or that of his agent setting 
forth the name of the teacher, the location and character 
of the school, the title or the name of the unauthorized 
text-book, and stating that such teacher is using such 
unauthorized text-book in such school. 

XVI. If the State Superintendent of Free Schools state suparin- 
shall refuse to give to any publisher entitled thereto, ifaWe!^* 
such an order within fifteen days after application made 
therefor, such publisher shall, if the facts stated in the 
affidavit are true, be entitled to a mandamus from the 
Supreme Court of Appeals to compel the State Super- 
intendent of Free Schools to give such order. In any 
proceedings in mandamus brought hereunder, it shall 

be the duty of the Attorney-General to act as counsel 
for the State Superintendent of Free Schools, but such 
proceedings shall be at the cost of such publisher, and 
in no case shall costs be recovered against the State 
Superintendent or against any teacher. 

XVII. If any teacher shall disobey miy order issued Forfeit. 
by the State Superintendent of Free Schools under the 
provisions of section four of this act, such teacher shall 



School Law of West Vikginia. 



Hyde's lan- 
guage books, 
gi'ammars. 



Misdemeanor 



Acts repealed 



School Book 
Board. 



How ap- 
pointed; term 
of office. 



When 
appointed. 



Compensa- 
tion. 



Vacancies. 
Quorum. 



forfeit ten dollars, and it shall be the duty of the board 
of education of the district where the teacher is em- 
ploj^ed to retain that amount out of the salary of such 
teacher, which amount so forfeited shall be paid into the 
teachers' fund of such district. 

XVIII. Hj^de's Lesson Books I. and II., and Hyde's 
Advanced Lessons in English, are hereby declared to 
be English grammars within the meaning of all the pro- 
visions of chapter forty-five of the Code of West Vir- 
ginia. 

XIX. Any publisher, school officer, teacher or other 
person violating any of the provisions of this act, shall 
be deemed guilty of a misdemeanor and on conviction 
thereof, shall be fined for each oifense not less than ten 
dollars or more than fifty dollars. 

XX. Sections 58 and 58a of chapter 45 of the code 
of West Virginia, and all other acts or parts of acts 
inconsistent with the provisions of this act are hereby 
repealed. 

58a. [Passed February 19, 1897.] 

I. There is hereby established in every county of this 
State a school book board, to be composed of the county 
superintendent of the county, who shall be a member 
and the secretary of the board and eight other reputable 
citizens and taxpayers of the county. At least four of 
the eight shall be freeholders and not school teachers, 
and at least three shall be persons actively engaged as 
teachers in the schools of the county, and shall hold a 
teacher's number one certificate or its equivalent. Not 
more than five of said eight shall belong to the same 
political party. The said eight persons shall be ap- 
pointed by the county court. The term of ofiice of each 
of said members shall be four years and until their suc- 
cessors are appointed, beginning on the first day of July 
next after their appointment. Said appointment shall 
be made on or before the fifteenth day of June, one 
thousand eight hundred and ninety-seven, and in every 
fourth year thereafter on or before the fifteenth day of 
July, and the term of ofiice of those appointed after the 
first appointments (except appointments to fill vacancies) 
shall begin on thefirst day of August next after their ap- 
pointment, and continue four years and until their suc- 
cessors are appointed. They shall receive as compensa- 
tion for their services the sum of two dollars per day for 
each day they shall be in session as a board, and shall not 
receive pay for more than two days in any one year, which 
compensation shall be paid out of the county treasury. 
Vacancies in said board shall be filled for the unexpired 
term in the same manner as the original appointment 
was made. Five members shall constitute a quorum, 



School Law of West Vieginta. 69 

but a smaller number may adjourn from day to day 
until a quorum appears. Every person so appointed 
shall, before enterinj^ upon his duties, take an oath that 
he will support the Constitution of the United States and 
the Constitution of West Virginia, and that he will 
faithfully discharge the duties of his office. A certifi- 
cate of every such oath shall be filed with and preserved 
by the clerk of the county court. 

II. The secretary shall keep a record, in a book pro- secretary, 
vided for the purpose, of the transactions of every meet- 
of the board, and shall record the names of the members 
voting for and against every proposition to adopt any 
text-book; which record shall be open to the inspection 
of any citizen of the county. 

m. Immediately after the appointment of said board, 
in the year one thousand eight hundred and ninety-seven, 
it shall be the duty of the county superintendent to com- 
municate with the publishers of text books, inviting the 
submission by such publishers of samples and prices of 
their books. When such samples and prices have been 
obtained, it shall be the duty of said board to meet at 
the county seat on or before the first Monday of August, 
one thousand eight hundred and ninety-seven, on the "^^ ^^^ ^ ' 
call of the county superintendent, and organize by 
choosing one of their number president. Said board 
shall then proceed to select and adopt one text book, or 
a series of text-books, on each subject required to be 
taught in the free schools of the State, and not provided 
for by contract under chapter thirty-seven of the Acts 
of one thousand eight hundred and ninety-five, for a 
term of five years, due reference being had to the char- 
acter of the books and the terms offered. It shall 
require the affirmative votes of five members of the 
board to adopt such book, or series of books, at said 
first meeting. 

IV. In making selection of text-books, at any time, it Retail price 
shall be the duty of said board to procure the best poss- &c. 

ible terms for exchange and introduction and for the 
regular supply of the books for a term of five years, and 
they are hereby empowered to fix the retail price at 
which such adopted books shall be sold after the exchange 
and introduction have been effected, but such permanent 
retail price shall not exceed twenty -five per cent, advance 
on the net contract price. 

V. Said board shall, upon making an adoption of any secretary to 
text-books, decide upon the date when such adoption report, 
shall go into effect. The secretary shall send to the 

State Superintendent of Free Schools, and to all the 
boards of education in the county, notice of the names 
of the books adopted, the prices fixed therefor, and the 



70 



School Law of West Viegtnia, 



Meeting be- 
fore expira- 
tion of 
contract. 



County Super 
intendent to 
call meeting. 



date fixed for their introduction and use in the schools 

of the county. 

VL At least six months before the expiration of the 

contract made under provisions of chapter thirty-seven 
of the Acts of one thousand eio-ht hundred and ninety- 
five, it shall be the duty of the State Superintendent to 
notify the county superintendent of every county of the 
date of the expiration of such contracts and the name 
of the text-books thereby affected; and it shall be the 
duty of said board to meet upon the call of the county 
superintendent, at least three months before the expira- 
tion of any such contract, and adopt one text-book, or 
a series of text-books, on each subject contracted for 
under said chapter thirty-seven of the Acts of one 
thousand eight hundred and ninety -five, for a term of 
five years. On the call of the county superintendent, 
the board shall meet in regular session at least three 
months before the expiration of any contract made un- 
der the provisions of this act, and select the necessary 
books to be used for the succeeding term of five years. 
If any publisher shall fail or refuse to furnish any book 
contracted for under the provisions of this act, it shall 
be the duty of the said board, on the call of the county 
superintendent, to meet and select books to be used in- 
stead of those which said publishers have failed or re- 
fused to furnish. But no books shall thereafter be 
adopted of a publisher who shall have failed or re- 
publishers to f uscd to fulfil Ms Contract with any board in the State, 
contract. and the name of any such publisher shall be furnished 
by the secretary of said board to the State Superintend- 
ent of Free Schools, and the State Superintendent shall 
communicate the same to every county superintendent. 

VII. No text-book or series of text-oooks, on any one 
subject now contracted for under said chapter thirty- 
seven of the Acts of one thousand eight hundred and 
ninety-five, or that shall be contracted for under the 
provisions of this act, shall be changed for another or 
different book or series of books except by the afiirma- 
tive votes of five members of the board: Provided^ 
That no change in the text-books contracted for under 
the provisions of said chapter thirty-seven of the acts 
of one thousand eight hundred and ninety-five shall be 
made until the expiration of such contracts, unless for 
failure of the contractor. And not more than one book 
one book' '^^'^ ^^ ^^® serics of books ou one subject, shall be changed 
in any one year, except by the affirmative votes of six 
members, and except as provided in section three: Pto- 
vided^ That in case of failure of a publisher to comply 
with his contract, the board may, by the affirmative vote 



Refusal of 



Present coa 
tract to 
remain in 
force. 



changed, 
except. 



School Law of Yv^est Virginia. 71 

of five members, adopt other books in place of those 
contracted for. 

Vin. After the adoption of any text-books the board who may sen 
shall contract with the publishers proposing the same, ^*^°^^- 
to supply said books in sufficient quantities, for a term 
of five years, beginning on a date to be stated in the 
contract, to every board of education, depositary, agent 
of said school book board or of said board of education, 
or to any dealer or other person of the county, at the 
prices named in this contract, and free on board the cars 
at the place of publication or other place (which place 
shall be named in such contract) ; and that said books 
shall be equal in binding, typography, and in all other 
respects to the samples furnished; and that no changes 
shall be made in said book during the life of the con- 
tract. In such contract shall be stated the accurate title 
of every book therein contracted for, the name of the 
author and of the publisher thereof, and the agreed p^^j^Qj ^.^jj^, 
price or prices thereof. Forms of such contract shall traot. 
be prepared by the State Superintendent of Free 
Schools, and furnished to each county superintendent. 
Every dealer or publisher entering into such a contract, 
shall furnish to the county superintendent a sample copy 
of each book contracted for, and the county superintend- 
ent shall attach to each of said books a label bearing 

thereon: "Sample copy contracted for with 

on the ...... day of , 189 . . 

, County Superintendent. " 

IX. Every publisher entering into contract with any ^^^^ (,f 
board under the provisions of this act, shall, within pibiisher. 
thirty days thereafter, give a bond, in the penalty of 

ten thousand dollars, to be approved by the Governor 
and deposited jwith the State Superintendent of Free 
Schools, conditioned for the faithful performance of 
every such contract made by such publisher theretofore 
or thereafter with any such board. 

X. No member of said board shall serve, directly or in- no school 
directly, as the agent for any publisher in school books ^^^Y**'' *' 
competing for adoption under the provisions of this act, 

or be personally interested in any school book, and no 
teacher nor school officer shall act as agent for any 
school book. 

XI. At the first meeting after the thirtieth day of Depooitaries. 
June, one thousand eight hundred and ninety-seven, the 

board of education of any district in this State may (at 
their option) appoint one or more depositaries in each 
district, and when practicable one or more depositaries 
at or near each postoffice, who shall keep at all times a 
sufficient supply of text-books to supply the free schools 
of the neighborhood. Each depositary shall execute a 



72 



School Law of West Vir&inia. 



Bond of 
Depositary 



bond in the penalty of double the value of the books 
which he will probably have on hand at any time, but 
in no event of a less penalty than one hundred dollars; 
which bond shall be approved by the board of educa- 
tion and filed with the secretary thereof. The board of 
education may discharge any depositary at any time, 
and require him to deliver the books in his possession 
to such person as the board may name, and require the 
depositary to settle his accounts and pay over to the 
sheriff any balance in his hands on or before a date 
named by the board. 
De ositary XII. Each depositary shall, on or before the first day 

to keep books, of September in each year, unless the board of educa- 
tion shall name an earlier date, make out a list of the 
text- books, in sufficient quantity in his judcrraent 
to supply the schools in his neighborhood for a 
period of six months, and from time to time thereafter 
each depositary shall make out additional lists of such 
books, so that he may at all times have a sufficient sup- 
ply on hand; such lists, when approved by the board of 
education, or the president thereof, shall be signed by 
him and the secretary thereof, and by the secretary for- 
warded to the address of the publishers of the books 
therein named. 

XIII. It shall be the duty of said publishers promptly 
to forward the books therein named to such depositary, 
and to make out two invoices or bills therefor, one of 
which shall be forwarded to the depositary and the other 
to the secretary of the board of education. The board 
of education shall supply the secretary with a proper 
book in which to keep the accounts of all the deposi- 
taries in the district. On the receipt of each invoice the 
secretary shall charge the amount thereof against the 
depositary receiving the books therein named, in said 
account book, and file or preserve the invoice or bill. 
If there be any error in such invoice or bills, the depos- 
itary receiving the same shall promptly notify the pub- 
lisher making the same; and if such publisher fail to 
correct such error within twenty days thereafter, such 
depositary shall notify the secretary of the board of 
education thereof, and the board of education shall 
investigate the same and take such action therein as may 
be proper and just. Each depositary shall pay to the 
sheriff of the county, at the end of each thirty days, or 
of tener if required, and whenever required by the board 
of education, the amount received by him from the sale 
of such text-books since his last previous payment, less 
his commission (to be fixed by the board of education 
and not to exceed fifteen per cent, on the amount of 
such sales), and the amount paid by him for transporta- 



Involces of 
books. 



Payment to 
the sheriff. 



Depositary's 
commission. 



School TvAW of Wrst ViK.femTA. T 

tion charges on such books; provided^ that each stnte- 
ment of charges to the sheriti' shall be accompaiiied bj 
all the transportation bills paid by said depositary. The 
sheriff shall duplicate receipts therefor to such deposi- 
tary, wherein shall be stated the total amount of such 
sales and the amount paid by such depositary to the 
sheriff, one of which receipts shall be tiled by such 
depositary with the secretary of the h>oard of eduction, 
and upon receiving the same said secretary shall credit 
the account of said depositary with the amount appear- 
ing thereb}'- to have been so paid by iiini to the sheriff 
and the amount paid for trausportntion charges, and the 
amount of said commission l>y separate it^jns, and said 
secretary shall charge against the account of the sheriti',. 
which he is hereby required to keep, the amount paid 
by such depositary to such sheriff, to be accounted for 
by the sheriff in his annual settlement with the board 
of education. The amounts received from the sales of 
such books shall be credited to the building fraid of the 
district. 

XiY. The board of education of each district shalls.ardof 
be liable in its corporate capacity for the whole amount nfbfe^'^^'^* 
of all such text-books furnished to the depositaries in the 
manner hereinbefore prescribed, and shall within sixty 
days from the date of any invoice or bill of text-books 
supplied by the publishers thereof to any depositary in 
the district in the manner prescribed in the preceding- 
section, cause an order, to be issued in favor of such 
publisher, joayable out of the building fund of the dis- 
trict, and cause stich order to be forwarded by mail to 
such publishers. On presentation of such order to him 
the sheriff' shall pay the amount thereof to the party 
entitled to receive the same, if there be in his hands suf- 
Mcient funds due the- building fund of said district; but 
if the sheriff' have not sufficient of such funds to pa}' 
the same, he shall endorse on the back thereof the 
words "Presented for payment," with the date of such 
presentation and said order shall dra-\v interest froui 
that date. 

If the Sheriff' shall fail or refuse to pay such order 
¥,'hen he has funds in his hands, or should by law have 
the same, with which to do so, he shall be liable as pro- 
vided in section forty- six of chapter forty-five of the 
Code. 

XV. The board of education shall pay the cost of such „ , 
books and the amount of charges for transportation outoufo? Buiii*' 
of the building fund of the district, and shall lay an''^^^""^' 
annual levy for the same upon the taxable property of 
the district in the manner and at the time that other 
levies are laid for said fund, and if at any time any 



74 



School Law of West Virginia. 



Board may 
remove 

depositary. 



Books in 
exchange. 



Teacher 
Hahle. 



Misdemeanor. 



scholar or scholars should remove from the county into 
another county in which a different book, or series of 
books, or different books have been adopted, the board 
of education of any district are authorized to purchase 
from such scholar or scholars with money from the 
buildins: fund and at a fair valuation, such book or 
books or series of books as may not be adopted in the 
county to which they may remove: Provided^ That the 
provisions of this section shall not apply to districts in 
which no depositary shall be appointed. 

XVI. The board of education may remove any deposi- 
tary in his district at any time, and appoint another in 
his stead; may require him to execute a new bond, or 
additional bond, whenever in their opinion they shall 
deem it necessary, and may cause to be mPude at any time 
an invoice of the text-books in the possession of any such 
depositary. It shall l^e the duty of every depositary 
whenever the board of education shall order, to turn 
over to his successor or such other person as the said 
board may name, all text-books in his possession. 

XVII. Every depositary shall receive from any resi- 
dent of his district copies of the books that may at any 
time be superseded by adopticai of other books in their 
stead, at the contract exchange allowance of such super- 
seded books, to be applied on payment of adopted 
books. Each depositary shall turn over such superseded 
books to the board of education at such times as the 
board may direct, and shall receive credit on his account 
for the value thereof. Such superseded books shall be 
held by the board of education subject to the orders of 
the publishers thereof, for a period of not longer than 
three months. 

XVni. If any teacher in a primary or graded school 
of the free school system of this State use, or cause to 
be used in such primary or graded school, any text- 
books not authorized in place of an authorized book, 
then the county superintendent shall apply to the board 
of education for an order signed by said board, directed 
to such teacher, requiring the use of such unauthorized 
text-book to be discontinued; and if any teacher shall 
disobey any such order issued by said board of educa- 
tion, such teacher shall forfeit the sum of ten dollars for 
each such offense, and it shall be the duty of the board 
of- education of the district where said teacher is em- 
ployed to retain that amount out of the salary of said 
teacher, which amount so forfeited shall be paid into the 
teachers' fund of such district. 

XIX. Any publisher, school officer, depositary, 
dealer, teacher or other person, violating the provisions 
of this act, shall be guilty of a misdemeanor, and, on 



School Law of West Virginia. 75 

conviction thereof, shall be fined for each offense not 
less than five nor more than fifty dollars. 

XX. Nothinor contained in this act shall be construed Acts repealed, 
as changing or modifying the contracts heretofore made 
with publishers of text- books under authority of chap- 
ter thirty-seven of the Acts of one thousand eight hun- 
dred and ninety- five; and all acts, or parts of acts, com- 
ing within the purview of this act and inconsistent there- 
with, are hereby repealed. 

59. If any officer or teacher, fail to perform any duty Fines for 
required of him by this chapter, or \iolate any pro vis- "^ioia,tions. 
ion thereof, and there is no other fine or punishment 
imposed therefor, by law, he shall be fined not less than 

three, nor more than ten dollars, for every such offense, 
to be recovered before a justice of the peace of the 
county; and such fine shall not impair or affect his lia- 
bility for damages to any person injured, nor the lia- 
bility of himself and sureties on his official bond. If the 
board of education of any district or independent school 
district, fail to perform any duty required by this act, 
each member of such board shall be liable to tihe full 
penalty imposed by this section, unless he show that he 
was not guilty of any neglect or default in the premises. 

60. For the support of free schools, there shall be a g^^^^g school 
state tax levied, annually, of ten cents on the one hun-tax. 
dred dollars' valuation on all the real and personal prop- 
erty of the State, which, together with the interest of 

the invested school fund, the net proceeds of all forfeit- 
ures, confiscations and fities which accrued to the State 
during the ])rfc\ious year, the proceeds of the annual 
capitfition tax, diA'idends on bank stock held by the 
board of the scbooi fund, and the interest accruing on 
stock invested in United States bonds, shall be set apart 
as a separate fund to be called "the general school "Genfrai 
fund," and shall be annually applied to the support of ®*^^^^'^"°'^" 
free schools throughout the State, and to no other pur- 
|)0se whatever. It shall be distributed to the several 
counties in the State in proportion to the number of 
youth therein, according to the latest enumeration made 
for school purposes; but the auditor shall first deduct 
therefrom the aggregate salary of the State Superin- 
tendent of Free School?;, and the necessary traveling 
and contingent expenses of bis office, together with such 
other sums as may be required to be paid by him out of 
the general school fund. Fifty per cent, of this dis- 
tributable sum shall be [)aid on the fifteenth dav of Sep- wben 
tember, and the remainder on the fifteenth day of De- ^is*"^"^^^- 
cember, of each year, and in the manner provided in the 
sixty-first section of this chapter. 

61. It shall be the duty of the auditor, on or before 



76 



School Law of West Viroinia. 



DutifS of 
Auditor and 
State Super- 
iutendenc iu 
distributinij 
state school 
liznd. 



Cauntj Super- 
intendent to 

apportion 
Simong die- 
triots . 



Eeiiuisltiou 
®H Auditiur. 



Form of 
requieiijca. 



the tenth daj' of Jiuie, iu each year, to ascertain the 
amount wbich is distribuiable amonj^ the several coun- 
ties as aforesaid, and notify the State Superintendent of 
Free vSchooIe tiiereof, who shall tliereiipon ascertain the 
proper share of each county and notify the auditor and 
each county su]:)eriutendeut, nl.so, the aiiiouat deducted 
by the auditor from tho share of birf county on account 
of salar}' paid the ccuinty sa[)erintendent, as required by 
section "fifty-four, whicli amount the county superintend- 
ent shall also deduct from the share of his county before 
making his distribution of the same among' the several 
districts thereof. 

Upon receiving' such riotjce, the county superintend- 
ent shall ascertain the proper share of each district, and 
independent school district, of bis county, according to 
the number of youths therein, an<] give notice to the 
board of education of each district, and independent 
school district, iu the county, of the amount of the 
general school fund due each, respectively, and that the 
same cannot be drawn l)y them until they have made the 
levy required by the fortieth section of this chapter. 

62. Upon being ofiiciaily notified bj^ the secretarj^ of 
the board of educatioii, in the manner provided for in 
the forty- fourth section of this chajder, that tho board 
of education has authorised the levy for sc;hf)ol purposes, 
the county superintendent shall issue his requisition on 
the auditor, })ayable to the order of the sheriff of his 
county for the amounts due such districts as may have 
made the levy aforesaid, which shall be paid in twtr 
equal installments, payable on the fifteenth days of 
September and December, respectively; T^^he''f'up;'n t,hp, 
auditor shall issue his wari;ant upon tl* ' ■ .rer in 
favor of the sheriil' for the amount of suci: ■.- ' ''' ' n, 
indicating in writing upon said warraut th;: ry 

upon which the same shall be drawn; and the Lreii.-ui'er 
shall thereupon be authorized and required to dravr 1(1.^ 
check upon the said depositary for the said auiount. 

The requisition of the county superintendent shall 1>8 
iu form or in 'substance as follows: 

OrncE OF THE County Superintendent or Feee 
Schools, 

County of , the day of , IS-- . 

Auditor of Wegt Yif<jtnla: 

Pay to the order of , sheriff of — 

county, dollars, the amount of State school 

fund apportioned to the district (or iudependent schuoi 
district) of , in said county for the year 18 — . 

And I hereby certify that said district (or independ- 



School Law of West Virginia. 

ent school district), has made the levy required by law, 
for school purposes, and that said sheriif has given the 
bond required by law. 

A — — B , County Superintendent of 

Schools." 




63, There bhali be elected a State Superintendent of si ate ^aper- 
Freo Schools for the State, whose term of office shall be '"^<''^<i''^'- 
the satue as that of the Governor. He shall be a person 
of gjood moral character, of temperate habits, of literary 
acquirements, and skill and experience in the art of 
teaching. He shall receive annually the sum of one 
thousand five hundred dollars in payment for bis serv- 
ices, to be paid monthly out of the school fund upon the 
warrant of the Auditor. If in the performance of any 
duty imposed upon hira by the Legislature, he shall in 
cur any expenses, he shall be reimbursed therefor. 
Provided, The amount does not exceed five hundred 
dollars in an}- (^ne year. 

6-i. The State Superintendent shall reside and keep ate super- 
his office at the seat of government. He shall provide ''®"<**'''^''- 
a seal for his office, and copies of his acts and decisions, 
and of papers kept in his office, authenticated by his 
signature and official seal shall be evidence equally with 
the original. He shall sign all requisitions on the Audi- 
tor for the payment of money out of the State treasury 
for school purposes, except as hereinafter provided. 

65. The State Superintendent shall be charged with Duties of 
tlie supervision of ail county superintendents and ^'i'*^'<:^'fntenl"nr'^ 
schools of the State, and see that the school system is 
carried into effect. He shall prepare and transuiit to 
the county superintendents instructions how to conduct 
(ho elections prescribed in this chapter, to keep and 
transmit the official records and ballots thereof, and the 
manner of ascertaining and announcing the results, so 
as to conform the same to the provisions of this chapter, 
and also to such |)rovisions of the general election laws 
of the State as may not be inconsistent therewith; he 
shall prescribe and cause to be prepared all forms and 
l>lanks necessary^ in the details of the system, so as io 
secure its uniform t)perationthrough(mt the State, and 
shall cause the same to be forwarded to the several 
county superintendents, to be by them distributed to the 
persons entitled to the same. He shall cause as many 
copies of this chapter and other school laws in force with 
such forms, regulations and instructions as he may judge 



78 



School Law of West Virginia. 



Duties of 
Btate 8uppr- 
intendeut. 



Eeport of 
State Super- 
iHtsadeut. 



Auditor to 
report condi- 
tion of school 
fund. 



expedient, thereto annexed, to be from time to time 
published, as he may deem expedient, and shall cause 
the same to be forwarded to the county superintendents, 
to be bj^ them distributed to the persons entitled to 
receive them. 

loQ. It shall be the duty of the State Superintendent 
to aim at perfecting the system of free schools as estab- 
lished in the State; and for this purpose it shall be his 
duty to correspond with educators and school officers 
abroad, to acquaint himself with the various systems of 
free schools established in other states and countries, 
collate the results as exhibited in the reports of their sev- 
eral superintendents, and to use ail eii'orts necessary to 
enable him to render available the combined results of 
the experience of other communities with his own expe- 
rience and observation. 

He shall acquaint himself intimately with the peculiar 
educational wants of each section of the State, arud shall 
take all proper means to supply them, so that tha 
schools shall be as nearly as pos.^ible equal a,nd uniform 
in grade througiiout the State. He shall acquaint him- 
self with the different systems and methods of instruc- 
tion which may be introduced among educators, and 
shall explain and recommend such as experience and 
sound principles of education may have demonstrated to 
be valuable; and it shall be his duty to endeavor to ren- 
der available to the people of this State all such im- 
provements in the system of free schools and the meth- 
ods of instruction, as may have been tested and proven 
by the experience of other communities. 

67. He shall, on or before the first day of January, 
of each year, make a report to the Governor, to be by 
him transmitted to the next regular session of the Leg- 
islature, in regard to the condition of free schools within 
the State, embracing all statistics complied from the 
reports of the county superintendents, and such other 
authentic information as he can procure, which will ])e 
necessary to give a proper exhibit of the working of 
the system together with such plans as he may have 
matured for the management and improvement of the 
school fund, and for the better and more perfect organ- 
ization and efficiency of free schools; and, likewise, all 
such matters in relation to his office and to free schools, 
as he may deem expedient to conununicate. 

68. The Auditor shall annually, before the first day 
of September, deliver to the Governor and the State 
Superintendent of Free Schools, each, a report made up 
to the first day of July next preceding, of the condi- 
tion of "the school fund," with an abstract of the ac- 
counts thereof in his office, which report the Governor 



School Law of West Virginia. 79 

shall lay before the leoislature at its next regular ses- 
sion. 

■OXL. Cliapter 29, section 67, Code, requires the Auditor to certify to each 
county saperiuteudent the amount of railroad levies, due to each district 
and iii dependent district. See said section. 

69. The Governor, State Superintendent of Free Board of 
Schools, Auditor and Treasurer, shall be a corporation, ^"^""^^ '^^^• 
under the name of "tbe board of the school fund," and 

ishall have the management, control and investment of 
said fund, under the fourth section of the twelfth arti- 
cle of the constitution. The Governor shall be presi- 
dent of the board, and in his absence the board may 
choose one of their number to preside temporarily in 
his place. The Auditor shall be the secretary of the 
board. A faithful record shall be kept of all the pro- 
ceedings, and a copy thereof, certified by the secretary 
of the board, shall be evidence in all cases in which the 
original would be. A majority of the board shall con- 
stitute a quorum for the transaction of business. 

70. A meeting of the board niay be held at any time, ^133^^.^ 
upon the call of any member thereof, provided notice 

be given to ail members who may be at the seat of gov- 
ernment. The auditor's office shall be the place of 
meeting, and the proceedings shall be signed by the 
president and secretary of the meeting for that day, and 
ishall be open to inspection at all times. 

71. All the money which ought to be paid into the Money 
treasury to the credit of "the school fund" shall be re- ^^^"^^'•^bie. 
coverabie with interest by action or motion in the name 

of said board, before any court having jurisdiction, and 
the attorney-general shall institute and prosecute such 
action or motion when so directed by the board. 

72. The board may appoint agents for the collection Board may 
of debts or claims, and authorize them to secure pay- aSJnts'^ 
ment thereof, and to protect the interests of the school 

fund, on such terms as it may approve. They shall 
take bond from said agent, if any money is to come 
into his hands; and any agent selling lands, when di- 
rected to do so by the board, shall execute a deed, (with 
the resolution giving such directions thereto annexed), 
conveying to the purchaser by special warranty. Said 
agent may b6 allowed by the board a compensation not 
exceeding, in any case, tive per cent, on the money paid 
into the treasury. 

73. All such sums as have accrued or shall hereafter Permanent 
accrue to this State, from the several sources enumer-ho^°nYe3fed. 
ated in the fourth section of ' the twelfth article of the 
Constitution, shall be set apart as a separate fund to be 

called "the school fund," and it shall be the duty of the 
auditor to ascertain from time to time what sums have 



so ScHooi. Law of Wkst Virginia. 

so accrued or may hereafter accrue, and to pass the 
same to the credit of the said school f and; and it shall be 
the duty of the board of the school fund, from time to 
time, to invest the same in the interest bearing securi- 
ties of the United States, or of this State, or otherwise, 
provided for in said fourth section of the twelfth article 
of the Constitution. And it shall be the duty of the 
said board to sell any investments on account of the 
school fund now made m other securities, than those 
required in said fourth section of the twelfth article of 
the Constitution, and invest the proceeds thereof in the 
interee-t bearing securities of the United States, or of 
this State, or otherwise, as provided in the Constitution 
aforesaid. 

CfsrtBA'i stocks (73ffl I. All stock owned by the state of West Vir- 
Bohocfffijnd *" S'^'^i'H 'Standing in the name of the Commonwealth of 
'Virginia, the State Internal Improvement Fund, or the 
Board of the Literary Fund, or in any other nam.e, in 
the National Bank of West Virginia, at Wheeling, the 
Parkersburg National Bank, the First National Bank of 
Wellsburg, the First National Bank of Fairmont, the 
Na.tionai Exchange Bank of Weston, and all the interest 
owned by the State, standing in the name of the Com- 
monvfealth of Virginia, or in the name of either of said 
funds, or in the name of the State of West Virginia, or 
in any other name, in the North Western Bank of Vir- 
ginia and its branches, and in the branches of the Ex- 
change Bank of Virginia at Weston; and all dividends 
and accrued interest on all such stock, is hereby trans- 
ferred to and shall henceforth be held and treated as a 
part of the school fund of the State, subject to the con- 
trol of the board of the school fund; and the annual in- 
terest or profits thereof (but no part of the principal), 
shall be passed to and become a part of the fund for 
annual distribution among the several counties of the 
State. ) 

, ^., ^ ,, 74. The auditor shall be the accountant of the board, 

Auditor shall . . p ji • j ji j i in , 

tea accouutaiit. exercismg any of their powers, except that he shall not, 
v,ithout special authority, entered upon the records of 
their proceedings, dispose of any property or invest any 
money of the school fund. He shall place the securities 
in which said school fund is invested in such depository 
for safe keeping, as the board shall direct. All money 
belonging to "the school fund" shall be received into 
and paid out of the treasury upon the warrant of the 
auditor. But no warrant for paying out such money 
shall be issued without the authority of the board. 

75. Nothing in this chapter shall alter or affect the 
laws now in force respecting the free schools in the city 



School Law ob- West Virginia. 81 

of Wheeling, and the parts of districts connected there- ^/bee°in 
with; nor shall anything in this chapter be construed as 
abolishing any independent school district heretofore 
created, or as affecting a?iy right or privilege conferred 
upon them, respectively, in the acts of the legislature 
by which they have been created; except so far as such 
right or privilege may be inconsistent with the provis- 
ions of this chapter in which independent school districts 
are especially included, lu the independent school dis- 
trict of Wheeling none but pi'actical educators who shall 
have had at least three vears of practice as teachers in 
graded schools, shall be eligible to the office of superin- 
tendent. 

CXLI. Independent school districts afe those created by special act of 
She Legislature and are screrned by the Id.ws Hid down in the acts creating 
them. On points ■vrhore these acta am silent the g-^neral law .ippHes, The 
principal independent discricts having sunerinteudents are Waeellng, 
Huntington , Parkersburg, Martinsburg and Charleston. 

WEST VIRGINIA aiS'TVERSITY. 

76. "The Agricultural College of West Virginia," Agricultural 
located and established at Morgantown, in the county west \^^ifginia. 
of Monongalia, in pursuance to the act passed February 
seventh, one thousand eight hundred and sixty-seven, 

entitled "An act for the regulation of the West Vir- 
ginia Agricultural College," shall be and remain as so 
established and located; and all the provisions of said 
act, except so far as the same may be altered by this 
chapter, shall remain in full force and effect to the same 
extent a.s if this chapter as amended had not been 
passed. 

77. The name of said college shall hereafter be "The west Virginia 
West Virginia University," by which name it shall have ^^^^^'^"y- 
and hold all the property, funds, investments, rights, 

powers and privileges, now had and held under the 
name prescribed in the above recited act. 

78. For the government and control of said Univer- ^^ ,^^^^ ^ 
sity there shall be a board of regents consisting of nine west Virginia 
persons, to be called "The Regents of the West Vir- ^^^'^^"'"^ 
ginia University." As such board they may sue and be 

sued, and have a common seal. The said board shall 
have the custody and control of the property and funds 
of said University, except as otherwise provided by law. 
They shall have the power to accept from any person or 
persons any gift, grant or devise of money, land or 
other property intended for the use of the University, 
and shall by such acceptance, be trustees of the funds 
and property which may come into the possession or 



82 School Law of West Virginia. 

under the control of said board by such gift, grant or 
devise, and shall invest and hold such funds and prop- 
<- erty, and apply the proceeds and property in such man- 

ner as the donor may prescribe by the terms of his gift, 
grant or devise, and shall invest and hold such funds and 
property and apply the proceeds and property in such 
manner as the donor may prescribe by the terms of the 
gift, grant or devise. 

Quorum. ^ majority of said regents shall constitute a quorum 

for the transaction of business, except that for making- 
arrangements for the erection of buildings, or the per- 
manent alteration thereof, or the appointment to, or re- 
moval from office of professors, or hxing their compen- 
sation or changing any rule or regulation adopted by a 
majority of the board, in which case all of the regents 
shall be notified in writing by the secretary of the 
board, of the time, place and object of the meeting pro- 
posed to be held for any of the piu'poses excepted in 
this section; and the concurrence of a majority of the 
regents shall be required. 

The said board of regents shall be appointed by the 
Rpgauts;when Qovemor on or before the first day of June, in the year 
app m o . ^^^ thousand eight hundred and ninety-seven and on or 
after the tenth day of March in the year one thousand 
eight hundred and ninety-seven, as follows: three shall 
be designated to serve for t*vo years, three for four 
years^ and three for six years, from the first da}^ of 
June, in the year one thousand eight hundred and ninety- 
seven, and before the expiration of said respective 
terms he shall appoint between the tenth day of March 
Governor to and the first day of June, in each year in which said're- 
regents^. spective terms shall expire, three regents to serve for 

the full term ot six years, from the first day of June 
of the ^'^ear in which said appointments shall he made, 
but not more than two regents in any one class, nor 
more than five in all shall be members of the same po- 
litical party or organization, and not more thaia one shall 
be appointed from any senatorial district of the State. 

Governor t9 The Govemor shall nominate for the approval of the 
fill vacancies, gg^g-j^e^ the nine regents herein provided for, and in the 
year one thousand eight hundred and ninety-nine, and 
every second year thereafter, he shall nominate, and by 
and with the advice and consent of the Senate, appoint 
three regents in the place of the class whose terms shall ex- 
pire in said year. The Governor may in like manner, 
fill any vacancy that may occur in said board; and any 
one appointed a regent by him during the recess of the 
Senate shall be a regent until the next session of the 



School Law of West Virginia. 83 

Senate thereafter; and the terras of office of the pres- 
ent board of regents shall expire on the thirtieth day of 
May, in the year one thousand eight hundred and 
ninety-seven. 

79. Tlie board of regents shall from time to time courses of 
establish such de|iartments of education in literature, ^'^'^'^^' 
science, art, agriculture and military tactics as they may 

deem expedient, and as the funds under their control 
may warrant, and purchase such materials, implements 
and apparatus, as may be requisite to proj)er instruction 
in all said branches of learning, so as to carry out the 
spirit of the act of Congress aforesaid, approved July 
second, one thousand eight hundred and sixty-two. 

80. The said board shall establish and declare such Rules and 
rules and regulations and by-laws not inconsistent with^'^^^^**^^'^®- 
the laws of this State, or the United States, as they may 

deem necessary for the proper organization, the tuition 
of students and good government of said University and 
the protection of public property belonging thereto. 
They shall appoint a superintendent of the buildings and 
grounds, a secretary for said board and also a treasurer, 
who shall be members of the faculty of the University, 
and shall not receive any compensation for services as 
such superinten<lent, secretar}^ and treasurer. No salary oiBcers of the 
shall be paid to the secretary of the executive committee, university. 
From the said treasurer they shall take a bond with 
ample security, and conditioned according to law, for 
the faithful keeping and disbursing such money as is 
herein, or may be hereafter appropriated, and such other 
money as may be allowed by said board to come into 
his hands from time to time; they shall also settle with 
him annually or oftener if they think best; inspect 
annually all the property belonging to said University 
and make a full report of the condition, income, expen- 
ditures and management of said University, annually, 
to the Governor; to be by him laid before the Legisla- 
ture. 

8L The board shall have pov\rer to create a pi'ep^i'a- pj.^pg,.^^^j.^ 
tory depaitment to said University, and establish any department;, 
other professorships than those indicated heretofore, if 
the same be deemed essential; to fix the salaries of the 
several professors, and to remove them for good cause, 
but in case of removal the concurrence of a majority of 
the regents shall be required, and the reasons for a re- 
moval shall be commnjjiicated in a written statement to 
the Governor. 

82. Besides prescribing the general terms upon which Appointment 
students may be admitted, and the course of instruction, of cadets, 
the regents are still further empowered to admit as reg- 
ular students or cadets of said university not uiore than 



84 School Law of West Virginia. 

one hundred and forty-four students, of whom each re- 
gent may appoint not more than sixteen who are not 
less than sixteen years of a<>'e nor more than twenty-one, 
whose term of service shall not be less than two nor 
more than five years, which appointment shall be made 
upon undoubted evidence of good moral character and 
sound physical condition, but not more than twelve 
cadets shall be appointed from any senatorial district 
and not more than five from any one county. 
Cadets have 83. The cadets admitted under the provisions of the 
freebooks.etc. preceding section shall be entitled to all the privileges, 
immunities, educational advantages, ,and benefits of the 
University, free of charge for admission, tuitiojo, books 
and stationery, and shall constitute the public guard of 
the University, and of the public property belonging 
thereto; and of the ordinance and ordinance stores, and 
camp and garrison equipage, of which a sufficient suppl37^ 
shall be kept in the arsenal belonging to the institution. 
And the professors and the students of the University 
receiving instruction in military tactics and the art of 
war, shall be individually and collectively responsible 
for the preservation and safe-keeping of all arms and 
camp equipage belonging to said institution. 
Expenses of 8^- AH reasonable expenses incurred by said regents 
regents. ||j discharging the duties hereby imposed upon them 

(not, however, includina: wages or 'per diem compensa- 
tion) shall be allowed by the Governor and paid out of 
the treasury of the State, in like manner as other sums 
are drawn therefrom: Provided^ hoiveve'i\ That such 
expenditure shall not exceed five hundred dollars per 
annum. 
©rad-aatioH. 85. The president, board of regents and faculty may 
graduate any student of the university found (after 
proper examination) (Xxilj qualified, and shall certify 
the same by affixing the seal of the University to his 
diploma. 
Investment of 86. The f uijd derived from the sale of United States 
land funds ]jjjj(j warrants which have been donated to this State for 
the purpose of endowing an airricultural college, shall 
be invested by the Governor in a loan of public stock 
of the United States, or other v/ise, as required by Con- 
gress, for the use and benefit of the said University. - 

AGEICULTUEAL EXPERIMENT STATION. 

Agricultural [8(5^. Whebeas, The CoBgress of the United States 
ftatro'n"'^'^'^ has in its widom seen fit to appropriate the sum of fif- 
teen thousand dollars annually for the establishment and 
maintenance of an agricultural experiment station in this 
state, to aid in acquiring and diffusing among the people 



School Law of West Virginia. 85 

useful and practical information on the subjects con- 
nected with ao-riculture, and to promote scientilic inves- 
tio-ation and experiment respecting the principles and 
applications of ao-ricultural science, to be established in 
connection with and under the direction of the college 
of this State, established in accordance with the provis- 
ions of an act approved July 2, 1862, entitled, ''An act 
donating- public lands to the several States and Terri- 
tories which may provide colleges for the benefit of ag- 
riculture and the mechanic arts," and, 

Whereas, The West Virginia University by an act 
of the Legislature of West Virginia, entitled, ' 'An act, 
for the regulation of the West Virginia Agricaitural 
College," passed February 7, 1867, and other acts of the 
Legislature amendatory, thereof, is the institution of 
this State receiving the benefits of the above mentioned 
land grant fund; and, 

Whereas, In accordance with the provisions of sec- 
tion 9 of aforementioned act of Congress establishing 
said experiment stations, the Governor of West Virginia 
has accepted for the West Virginia University the con- 
gressional appropriation for the establishment of an 
agricultural experiment station, and 

Whereas, The board of regents of the West Virginia 
University, in accordance with section 1, of the afore- 
named congressional act, approved March 2, 1887, has 
established a department in the West Virginia Uni- 
versity, known as "the West Virginia Agricultural 
Experiment Station," which is now in full working 
order and issuing regular bulletins for the diffusion of 
information among the people of the State, as required 
by law; and which is now well and thoroughly equip- 
ped with chemical laboratories, apparatus and ma- 
chinery,and has a staff of scientific men employed and 
carrying on the work contemplated in the congressional 
act, therefore. 

Be it enacted by the Legldature of West Virginia. 

1. That the State of West Virginia hereby assents to state accepts 
and accepts from the government of the United States gwernmeni; 
the grants oi money authorized by said act of congress, 
and assents to the juirposes of said grants. 

IL The bulletins and annual reports required to be Banetins. 
published under section four of said act, shall be 
printed at the expense of the State, by the Stafe printer, 
in such editions or numbers as the mailiagjist of the ex- 
periment stfition shall indicate as being required, and 
shall be distributed by the station free of all charge to 
farmers and other citizens of the State desiring the 
same. 



86 School Law of West Virginia. 

state Normal ^^' ^h® "We«t Virginia State Normal School," es- 
sehooi. tablished under and by virtue of the act passed February 

twenty- seventh, one tlioiisaDd eight Jiundrcd and sixty- 
seven, entitled "An act for the eaLablishment of a State 
Normal School," shall be and remain at Marshall Col- 
lege, in the county of Cabell, as provided in .said act, 
and all the provisions of said act, and of all other acts 
in relation thereto, shall be, and remain in ivW fi>rce, 
except so far as the same may be allered by this chap- 
ter. For the government and control of ,said tx'hool and 
Regents. -^^^ branches, there shall be a board of regentr^;, conrdst- 
ing of the State Superintendent of Free Schools, to- 
gether with one person from each congresssonal district 
in the State, to be appointed by the Governor, as here- 
inafter provided, who shall be called the ""Regents of 
the State Normal School," and as such may have a com- 
mon seal, sue, and be sued, plead and )}e ijnpleaded, con- 
tract and be contracted with, and take, hold and ] )ossess 
Transfer of ^'6^1 and personal estate for the use of said school. The 
property. transfer and conveyance by the board of supervisors of 
Cabell county of the lands and buildings of ]*.l;irshall 
College, and of the real estate heretofore conveyed by 
the Central Land Company of West Virginia to the re- 
gents of said school heretofore appointed, is hereby ac- 
cepted, contirmed and legalized. But in case the said 
school should at any time hereafter be removed from 
the said Marshall College, the said property so conveyed 
shall revert to and be vested in the county court for the 
use of said county of Cabell. The said board of regents 
shall be appointed by the Governor, and equally divided 
between the two dominant political parties, on or before 
the first day of June, one thousand eight hundred and 
ninety-five, one of whom shall serve one year, one two 
years, one three years and one four years, and upon the 
expiration of said term of service he shall appoint one 
for the full term of four years as hereinbefore pro- 
vided. 

88. The said school shall be under the general super- 
Euif^s and vision and control of the said regents. They shall have 
regulations.. f^\ power and authority to adopt and establish such by- 
laws, rules and regulations for its government as they 
may deem necessary and proper, to eii'ect the object of 
its establishment, not inconsistent with the laws of this 
state. They shall fix the number and compensation of 
the teachers, and others to be employed therein, and 
appoint and remove the same; prescribe the preliminary 
examination of pupils, and the terms and conditions on 
which they shall be received and instructed in said 
school: Provided., That all pupils admitted free of tui- 
tion to any one school, shall not exceed in number the 



School Law of West Virginia. 87 

whole number appointed to such county for admission ^^jjiber of 
to all normal schools of the State; the branches of learn- pupus. 
ing to be taught in each department thereof; and shall 
determine the number of pupils to be received in the 
normal department of said school from each county or 
judicial circuit of this State, conformino; as nearly as 
possible to the ratio of population therein, and the mode 
of selectino- them. The pupils admitted into the normal 
department of said school shall be admitted to all the 
privileges thereof, free from all charges of tuition, or 
for use of" books or apparatus; that every sach pupil 
shall pay for all books lost by him or any damage done 
by him to such books or apparatus; and any pupil in 
said school may be dismissed therefrom by said regents, 
or b}'' the executive committee, subject to the approval 
of the regents, for immoral or disorderl}^ conduct, or 
for neglect or inability to perform his duty. The 
State Superintendent of Free Schools shall prepare suit- Diplomas, 
able diplomas to be granted to the students of the 
normal department of said school who have completed 
the course of study and discipline prescribed by said 
regents. The said regents may establish a pay depart- 
ment in said school whenever the accommodations there- 
of will admit of the same, and may admit into such de- 
partment so many pa3'ing students as can be accommo- 
dated therein from this or any other State, whether they 
desire to become teachers of schools or not. 

They may cause to be taught in the said department 
of said school, all or any of the branches of learning 
usually taught in colleges and seminaries, and for that 
purpose may establish therein the necessary professor- 
ships. 

They may also make all the necessary rules and regu- Tuition, etc. 
lations for the government of said department and pres- 
cribe the tuition and the terms of admission therein. 
The said school shall continue to be called and known 
by the name of "Marshall College." 

CXLII. The niiTnber of pfirsons who may receive appolutmeuts to the 
normal schools of the State is one thousand, divided among the counties 
Eccoi'ding to population 

CXLIII. It Is the practice to allow perRons attending either of the State 
Normal Schools, under appoiutniant, to teach one term of school eai'h year 
if dpslrpd, ar,d yet hold tlie appointment. The same rule is held to be 
good in case of colored teachers attending the West Virginia Colored 

Institute. 

CXLIV. Clearly under sectiou 88 of the school law, two departments are 
contemplated-. One known as the normal department, and the other as the 
pay or academic deprtitmeui. It is intended that in ihelatter department, 
persons are admir.ted wlio do not desire to taiie the normal courae, or if 
they liave taken the normal coar.se, who deaire to pursue a higher grade of 
studies. I see notiiiajc to prevent those who have taken the normal course, 
and Liave graduated, from reviewing the studiea contained in the normal 
course, fr.-e of charge. 

The purpose of the normal course Is to prepare teachers, and a reviewing 
of that course would be to make the teachers move pejlect.— r. ,S. Eilty, 
Ationiey-Qeiieral. 



School Law of West Virginia. 



Executive 
Committee. 



Fairmont 
brauch. 



West Liberty 
brancii. 



Glenville 
brancii . 



Shepherds- 
town branch. 



89. The said regents shall appoint three intelligent 
and discreet persons, residents of the coDnty of Cabell, 
who shall constitute &n e.xecative committee for the care 
and immediate management and control of said school, 
subject to the rules and regulations prescribed by the 
regents. Said committee shall (subject to the control 
of said regents), designate the person to take charge of 
the boarding department of said school, and fix the 
price to be paid for board therein. They shall from 
time to time make full and detailed reports to said re- 
gents of the condition, working and prospects of said 
school, and shall perform such other duties in relation 
thereto as the said regents may from time to time pre- 
scribe. 

90. The branch of the state normal school established 
at Fairmont, under and in pursuance of the act passed 
March fourth, one thousand eight hundred and sixty- 
eight, entitled, "An act providing for the purchase of 
the West Virginia Normal School at Fairmont, " shall be 
and remain at that place, and all provisions of said act 
shall remain in full force, except so far as the same may 
be altered by this chapter. Said school shall be under 
the jurisdiction and control of the regents of the state 
normal school, in the same manner and to the same ex- 
tent as the state normal school at Marshall College. 

91. The branch of the state normal school established 
at West Liberty, under and in pursuance of the act 
passed March first, one thousand eight hundred and 
seventy, entitled "An act to establish a branch normal 
school at West Liberty, in Ohio county," shall be and 
remain at that place, and all the provisions of s.aid act 
shall remain in full force, except so far as the same may 
be altered by this chapter. Said school shall be under 
the jurisdiction and control of the regents of the state 
normal school, in the same manner and to the same ex- 
tent as the state normal school at Marshall College. 

92. The branch of the State normal school established 
at Glenville, under and in pursuance of the act passed 
the nineteenth day of February, one thousand eight 
hundred and seventy-two, entitled "an act to establish a 
branch normal school at Glenville, Gilmer county,'' 
shall be and remain at that place, and all the provisions 
of said act shall remain in full force, except so far as the 
same may be altered by this chapter. Said school shall 
be under the jurisdiction and control of the regents of 
the State normal school, in the same manner and to the 
same extent as the State normal school at Marshall 
College. 

93. The branch of the State normal school established 
at Shepherdstown, under and in pursuance of the act 



School Law of West Virginia. 89 

passed and approved February fourteenth, one thous- 
and eight hundred and seventy-two, entitled "an act to 
establish a brance normal school at Shepherdstown, in 
the county of Jefferson," shall be and remain at that 
place, and all the provisions of said act shall remain in 
full force, except so far as the same may be altered by 
this chapter. Said school shall be under the jurisdiction 
and control of the regents of the State normal school, in 
the same manner and to the same extent as the State 
normal school at Marshall College. 

94. The branch of the State normal school at *Con- concord 
cord, in Mercer county, established by the act passed i^raach. 
the twenty- eighth day of February, one thousand eight 
hundred and seventy-two, entitled "an act to locate a 
branch State normal school at Concord, in the county of 
Mercer, shall be and remain at that place, and all the 
provisions of said act shall remain in full force, except 

so far as the same may be altered by this chapter. Said 
school shall be under the jurisdiction and control of the 
regents of the State normal school in the same manner 
and to the same extent as the State normal school at 
Marshall College. 

95. The principals of the State Normal school and its principal's 
branches shall make, at the close of each term thereof, reports. 
to the president of the board of regents, in addition to 

the annual reports required of them, a report, under 
oath, of the number of non-paying normal school pupils 
and the number of paying pupils in the several depart- 
ments of the school in actual monthly attendance during 
said term. 

96. The president of the board of regents of the State 
Normal School and its branches, upon receipt of the 
reports required in the ninety- fifth section of this chap- 
ter, shall furnish the Auditor of the State with the num- 
ber of the non-paying Normal pupils in actual monthly 
attendance in each of the said Normal Schools, and the 
number of months of actual attendance, upon the receipt 
of which report, and upon the requisition of the presi- 
dent of the board of regents, the said auditor shall issue 
to the executive committee of each of said schools, war- 
rants upon the treasury of the State for the amount due 
said schools, at the rate of three dollars and fifty cents 
per month for every non-paying Normal pupil reported 
as in monthly attendance. 

A sum not to exceed thirty-two hundred dollars each Appsopna- 
year is hereby appropriated for each of the Normal "°^- 
Schools, payable out of the treasury of the State. 

The State Superintendent of Free Schools shall, if 
possible, in every year, make arrangements with some 

*The name of the postoffice has been changed to Athens. . 



90 School Law of West Virginia. 

suitable institution of learning in this State for the educa- 
ooiored ^'^^^ ^^^ Normal school-training of a number of colored 
t«»oherf. teachers, in the proportion to the colored population of 
the State which the non-paying white students in the 
Normal Schools bear to the white population of the 
State; but the amount to be paid for each of said colored 
teachers shall not exceed the sum herein specified for 
each non-paying white student; and an additional sum 
to the extent necessary to pay the tuition of said colored 
students, is hereby appropria/ted, payable out of the 
treasury of the State in each year, as provided for in 
the next section, upon the requisition of the State Super- 
intendent of Free Schools. 

CXLV. " 'Actual montlily attendance' of a non-paying pupil during any 
month of a school term, may be an attendance ooria fide for a portion of 
the month. Slcknesd might prev-^nt constint attendance during any 
month, yet if the pupil was in attendance in good faith during part of the 
month, when able to attend, the school would be entitled to $8.50 for such 
pupil for that mouth. * * The words 'actual monthly attendance' are 
used In the statute, so as to plainly prohibit pay being drawn for construc- 
tive monthly attendance." 

"The atteiidance of the pupil must have commenced in a month and in 
good faith, with an intenrion of continuing. If the pupil does not attend 
at all during any month * * the law prohibits any pay being given." — 
Alfred Caldwell,' Attorney -General. 

arned ^^' ^^ ^^^ normal school does not earn the amount of 

appropriation, its annual appropriation of three thousand dollars, as 
aforesaid, in an}'- year, the board of regents of the State 
Normal School and its branches are hereby authorized 
to expend in their discretion the unearned amount of its 
annual appropriation in the payment of teachers in 
another or others of such schools; and the auditor shall 
issue his warrants for such expenditures on the order of 
said board. 

CXLVI. Section 96 as amended by chapter 45, Acts 1895, provides for an 
appropriation of thirty-two hundred dollars for each normal school. 

98. I. If any money be lent or advanced, or anything 
Dealing with be sold or let to hire, on credit to or for the use of any 
stBdents. student or pupil under twenty-one years of age, at the 
West Virginia University, the West Virginia State 
Normal School or any of its branches, or any incorpo- 
rated college in the State, without the previous permis- 
sion, in writing, of his or her parent or guardian, or 
the president or principal of such institution, nothing 
shall be recovered therefor, and there shall, moreover, 
be forfeited to the State, by the person giving such 
credit, twenty dollars, and the amount or value of such 
thing. When such selling, letting, lending or advanc- 
ing is by an agent, such forfeiture shall be by his prin- 
cipal, unless the principal shall within ten days after he 
has knowledge or information of the selling, letting, 
lending or advancing, give notice, in writing, of the 



School Law of West Virginia. 91 

date, nature aud amount thereof to the president or 
other head of the institution, in which case the forfeit- 
ure shall be by the a^ent. 

II. All acts and parts of acts coming within the pur- ^^^^ repealed 
view of this chapter, and inconsistent therewith, are 
hereby repealed. 

THE WEST VIRGINIA SCHOOLS FOR THE DEAF AND BLIND. 

[9Sa. I. That the name of the West Virginia Institu- 
tion for the Deaf, Dumb and Blind be and the same is 
hereby changed to that of "The West Virginia Schools Name, 
for the Deaf and the Blind. " 

The board of regents for the West Virginia Schools Board of 
for the Deaf and Blind, shall be composed of nine mem- I'egents. 
bers, whose term of office shall commence on the first 
day of June, one thousand eight hundred and ninety- 
seven. 

The Governor shall on the tenth day of March, one Governor to 
thousand eight hundred and ninety-seven, or as soon regents, 
thereafter as convenient, nominate, and by and with the 
advice and consent of the Senate, appoint said nine re- 
gents for said schools, but said regents shall be divided 
into three classes of equal numbers and not more than 
two regents in each class shall belong to the same polit- 
ical party. Not more than one regent for the West 
Virginia Scools for the Deaf and the Blind shall be ap- 
pointed from any one county. 

The term of office of the first-class shall be two years, 
of the second-class four years, and of the third-class six 
years. 

On the tenth day of March, one thousand eight hun- 
hundred and ninety-nine, or as soon thereafter as con- 
venient, and every second year thereafter, the Governor 
shall nominate, and by and with the advice and consent 
of the Senate, appoint three regents for said schools, in 
place of the class whose term expires in said year; and 
the term of such regents shall commence on the first day 
of April in the year of their appointment and continue 
six years. The Governor may in like manner appoint 
regents to fill any vacancy that may occur in the board ^n^vaeancies 
of said schools, and any one aj)pointed a regent by him ~ 
during the rec3ss of the Senate, shall be a regent until 
the next session of the Senate thereafter. 

Said members shall constitute collectively a body cor- 
porate with powers to rent, purchase and convey real 
estate, and with all other powers necessary for the car- 
rying on of the institution for the education of the deaf 
and blind youth of West Virginia, established under the 
act passed March third, eighteen hundred and seventy, 



92 



School Law of West Virginia. 



Quorum. 



Principal. 



Teachers. 
Furniture. 



Steward. 



Salaries. 



VislttaE 
physician. 



Bond. 



Rules and 
regulations. 



and to be known as ^'The Board of Regents of the West 
Virginia Schools for the Deaf and the Blind. " Said 
board shall appoint one of their number as president, 
and in case of his absence a president pro tern, shall ap- 
point a secretary, and all orders, drafts or requisitions for 
money from the State shall be signed by their secretary 
and countersigned by the president. Said board shall 
meet as hereinafter provided, and shall hold such other 
meetings as they may think necessary. Extra meetings 
may be called by the president or by any four members 
of the board by notifying the other members of the time 
and place of the meeting and of the nature of the busi- 
ness which renders an extra meeting necessary, A 
majority of the board shall constitute a quorum for the 
transaction of all ordinary business, but the board may, 
in its discretion, designate business of a nature to be 
specified by it, which may be transacted by a stated 
number of regents less than a quorum, 

II. It shall be the duty of the principal under the di- 
rection of the board to superintend the affairs necessary 
for the proper conduct of the institution, and to make 
such general regulations as may be necessary for the 
successful management of the same, and to purchase 
such books and apparatus as may be necessary for the 
efficient working of the institution. 

III. Said board shall appoint all necessary teachers 
and assistants, and shall provide the furniture, fixtures, 
apparatus and other things necessary for the comfort 
and convenience of inmates of the institution, 

IV. The said board may, when they deem it necessary, 
elect a steward; and the principal and matron shall re- 
side in the institution, and the steward and teacher in or 
near it. All salaries shall be fixed by the board of 
regents, and shall be paid monthly or quarterly, as the 
board may deem proper, out of the fund appropriated 
by the legislature. 

V. The board of regents shall employ as visiting phy- 
sician of the institution, a physician of reputable stand- 
ing in his profession, and it shall be his duty to render 
all medical assistance necessary to its inmates, and fix 
his salary, not to exceed three hundred dollars, to be 
paid in the same manner as a teacher. 

VI. The principal and steward shall give bond with 
approved security in such amount as the board of 
regents may direct, for the faithful discharge of their 
respectives duties, 

VII. The board of regents shall prescribe such liy- 
laws, rules and regulations for the government and con- 
duct of the institution under their charge as shall secure 
the harmonious and efficent manaoement of said institu 



School Law of West Virginia. 9j 

tion in all its parts. They shall require such reports 
from the principal, steward, matron and physician as in 
their opinion the institution may demand, and they shall 
annually, on or before the first day of December, report 
to the Governor all the facts and circumstances in con- 
nection with the conduct and profi;ress of the institution, 
with a careful statement of all the receipts and disburse- 
ments of the same, and shall accompany their annual 
report with such recommendations and suggestions as 
will enable the State efficiently to foster and promote 
the enterprise of educating the deaf, dumb and blind 
youth within its limits. The fiscal year of the institu- Fiscal year. 
tion shall end on the last day of September, and the 
accounts of the institution shall be kept with reference 
to said fiscal year; and there shall be an annual meeting 
of said board on the third Thursday in October in each 
and every year. 

Vin. The board of regents may provide in said insti- Admission of 
tution accommodation for all the officers, assistants and pupiis. 
employees, and for all the deaf, dumb and blind youth 
resident of the State of West Virginia who may apply 
for admission to the said institution, between the ages of 
eight and twenty-five years, and for such other deaf, 
dumb and blind persons as may applj^ for admission as 
paying pupils, under such regulations as said board may 
direct, but all youth admitted must be of sound mind 
and not afflicted with any contagious or offensive disease. 

IX. All such deaf, dumb and blind youth residents Admission of 
of the State of West Virginia between the ages of eight p'^p*^*- 
and twenty-five years, shall be admitted to pupilage in 
the institution on application to the principal; until the 
institution is filled, applicants shall be admitted in the 
order of their application, and it shall be the duty of 
the principal to keep a careful record of the names of 
all pupils admitted with the dates of their admission 
and discharge, their age, postoffice address, the name of 
their parents or guardians, the degree, cause and cir- 
cumstances of their deafness or blindness. 

All such deaf, dumb and blind pupils shall be ad- charges, 
mitted as above directed without charge for board and 
tuition; and when not otherwise provided with clothing 
they shall be furnished by the institution while they 
are pupils in the same, and the principal shall make out 
an account therefor in each case against the respective 
counties from which said pupils are sent, in an amount 
not exceeding forty dollars per annum for every 
such pupil, which account shall be certified by 
the principal and countersigned by the secretary, and 
which shall be transmitted by the principal to the Au- 
ditor of the State, whose duty it shall be to transmit a 



94 



School Law of West Virginia. 



Duty of 
county 
officers . 



Term of 
pupilage 



copy of the same to the clerks of the county courts of 
the respective counties against which they are; and the 
county court of such counties shall thereupon at their 
next sessions, respectively, thereafter heM for the pur- 
pose of making a county levy, inchKle in such levy the 
amount of said accounts against their counties, respect- 
ively, and cause an order to issue on the sheriff of the 
county in favor of the Auditor of the State, and cause 
the same to be transmitted by the ckrk of said court to 
the Auditof, whose duty it fhall be to collect the same 
and place it to the credit of ihe instil ution, to be drawn 
out upon requisiti'^n as a part of the current expenses 
of said schools. If the same is not paid to the Auditor 
by the respective counties from which they are due in 
a reasonable time it shall be the duty of the Auditor to 
collect the sarrse by law. 

The te' m of pupilage shall be live y^^ars at least, snd 
for so much longer term as in the discretion of the 
board and principal their cou'lition and progress would 
seem to justify. After all the applicants between the 
prescribed ages of eight and twety five yea^s have been 
admitted, if there is still room, the principal may ad- 
mit other deaf a^^d dumb and blind persons upon appli- 
cation who may be of suitable age to receive any ad- 
vantaere of the inst'tuiion, and upon such terms as the 
board may presor'be; but it shall be distinctly unHe''- 
stood that such pers'ms shall withdr-tw fr<^m the iost^tu- 
tion in the order of the dates of their admission to make 
room for new applicants bet^^een the ages herein 
already prescribed. 

X. The course of instruction in the institution shall 
be prescribed by the board of regents with the advice 
of the principal, and shall be as extensive both in the 
intellectual, musical and mechanical departments, as the 
capacities and interests of the pupils may require. 

XI. In addition to their other duties the assessors of 
registration. ^^^ State are hereby required to register in a book, to 

be furnished them by the Auditor for the purpose, the 
name of all the deaf and the blind persons in their 
respective districts, with the degree and cause of deaf- 
ness and blin bless in each case as far as can be ascer- 
tained from the heads of families, or from other persons 
whom the assessorsmay conveniently consult, their ages, 
the names of the'r parents or guardians, their post-office 
address, and such other circumstances as may constitute 
useful statistical information in making the said institu- 
tion promptly efficient in ameliorating the condition of 
the deaf and the blind by education. They shall com- 
plete the registration as early as possible, in the first 
annual assessment after the passage of this act, and shall 



Course of 
instruction. 



Assessors 



School Law op West Virginia. 95 

forward their report directlj'^ to the auditor, who shall if 
practicable before the first day of July, or as soou there- 
after as possible, make an alphabetical abstract of all 
the facts furnished him by the assessors' reports, and 
shall send the same by mail to the principal of the West 
Virginia schools for the deaf and the blind, and said 
principal is hereby further required to put himself in 
immediate correspondence with all the deaf and blind Principal to 
persons, of suitable asre and condition, mentioned in the witif persons 
auditor's abstract, with a view to their admission ^^^q^s^^^ou 
pupils into the West Virginia schools for the deaf and usc 
the blind. 

The assessors shall receive for the extra duties 
hereby imposed, the same compensation as is now allow- 
ed them for the registration of births and deaths, and 
shall be liable to the same penalties for failure to dis- 
cMrge these duties.] 

THE WEST VIRGINIA COLORED INSTITUTE. 

98 J. An act accepting the provisions of the act of Con- 
gress, approved August thirtieth, eighteen hundred and 
ninety, entitled ' 'An act to apply a portion of the pro- 
ceeds of the public lands to the more complete endow- 
ment and support of the colleges for the benefit of agri- 
culture and the mechanic arts, established under the 
provisions of an act of Congress, approved July second, 
eighteen hundred and sixty- two," and providing for the 
apportionment of said endowment according to the pro- 
visions of said act. 

Whereas, The Congress of the United States of 
America, by an act approved August thirtieth, eighteen 
hundred and ninety, entitled, ' 'An act to apply a portion 
of the proceeds of the public lands to the more complete 
endowment and support of the colleges for the benefit 
of agriculture and the mechanic arts, established under 
the provisions of an act of Congress approved July sec- 
ond, eighteen hundred and sixty-two," made an appro- 
priation to each state and territory of fifteen thousand 
dollars for the year ending June thirtieth, eighteen hun- 
dred and ninety; and an annual increase of said appro- 
priation thereafter for ten years by the additional sum 
of one thousand dollars over the preceding year, after 
which time the annual amount so appropriated will be 
twenty-five thousand dollars, for the more complete 
endowment and maintenance of the colleges established 
under the act of Congress last aforesaid, "to be applied 
only to instruction in agriculture, the mechanic arts, the 
English language, and the various branches of mathe- 
matical, physical, natural and economic science, with 



96 School Law of West Virginia. 

special reference to their application in the industries 
of life; and to the facilities for such instruction," and 

Whereas, By a proviso in said act no State can ob- 
tain the benefits thereof, where facilities are not pro- 
vided for the instruction of colored students in said 
branches of study, either in the same institution or in 
separate institutions, and the legislatures of the several 
states are required to make an equitable division of said 
annual appropriation where such separate institutions 
are provided, and report the same to the Secretary of 
the Interior, and 

Whereas, The Constitution of the State of West 
Virginia forbids the education of white and colored 
youths in the same State schools, and this State having 
heretofore made no provision for the separate education 
of colored youth in agricultural and the mechanic arts; 
and the enumeration of the white and colored youths of 
this State, of school age, being about 250,000 white and 
12,000 colored, it being the duty of this State to indi- 
cate a reasonable proportion of said appropriations to 
be set apart annually for the instruction of the colored 
youth of the State, the sum of $3,000 is hereby indicat- 
ed as an equitable portion of said appropriations for five 
years from the date of the passage of this act, and after 
"that time |5,000 as long as such appropriation con- 
tinues; and 

Whereas, By the terms of the said act of Congress 
of the United States, approved August thirtieth, 
eighteen hundred and ninety, it is necessary, in order to 
enable this State to share in the appropriations so made 
and to be made under the provisions of said last recited 
act, for the legislature to accept of the provisions of 
said act for and on behalf of this State, and to make 
proper and suitable provisions for said act upon which 
this State will be entitled to her distributable share of 
said appropriations, and to designate the institutions of 
learning to become the beneficiaries of said appropria- 
tions, and the ofiicer of this State to whom the money 
shall be paid by the United States for the use of said 
beneficiaries. Therefore, 
Be it enacted by the Legislature of West Virginia: 

I. The Legislature of the State of West Virginia 
Congressional hereby accepts for said State, the terms and provisions 
grant. of the Said act of the Congress of the United States 

approved August thirtieth, eighteen hundred and 
ninety, for the objects and purposes mentioned and 
declared therein, and designates "The West Virginia 
University," established in pursuance of the Act of 
the Congress of the United States passed July 2, 1862, 
and a subsequent act passed by said Congress on April 



School Law of West Virginia. 97 

19, 1864, at Morgantown, in the county of Monongalia 
in this State, as the beneficiary of said appropriation for 
the instruction of white students, and an institution to 
be located and provided for the purpose as hereinafter 
required and directed in the county of Kanawha, to be 
called ''The West Virginia Colored Institute," for the 
beneficiary of said appropriation for the instruction of 
colored students to be paid to each in the proportion 
mentioned in the preamble to this act. And the said 
institution by the name of '"'The West Virginia Colored 
Institute, ' ' shall have and hold all the property, funds, 
rights, powers and privileges hereinafter mentioned. 

II. For the government and control of said institute ^®^^^*^- 
there shall be a board of regents consisting of five 
competent, intelligent and discreet persons, not more 

than three of whom shall belong to the same political 
party, appointed, from time to time as occasion may 
require, by the Governor, to be called the "Regents of 
of the West Virginia Colored Institute, ' ' and as such 
board they may sue and be sued, plead and be im- 
pleaded, and have a common seal. They shall have 
care, custody and control of the property and funds of 
the institute, and may accept from any person or per- 
sons, gifts of money, or property, for the use of said 
institute, and all such money and property when so 
received by them shall be held in trust by them for the 
use and benefit of the institute, and applied thereto as 
the donors may have directed, and if no such direction 
have been given, as a majority of the regents may 
determine. 

III. The board of regents shall from time to time estab- Regents to 
lish such departments of education in literature, science, departmentfl. 
art and agriculture, not inconsistent with the terms 

of the several acts of Congress hereinbefore referred to 
as they deem expedient, and as the funds under their 
control will warrant, and purchase such materials, im- 
plements, and apparatus as may be requisite to the 
proper instruction of said colored students in all said 
branches of learning as to carry out the intent and pur- 
poses of said acts of Congress. 

IV. The said board shall establish and declare such Buies and 
rules, regulations and by-laws, not inconsistent with the'"®^^*"°'^®" 
laws of the United States or of this State, as they may 

deem necessary for the proper organization, the tuition 
of the students and the good government of the insti- 
tute, and the protection of the property belonging 
thereto. All reasonable expenses incurred by said re- 
gents in the discharge of their duties hereby imposed 
upon them shall be allowed by the Governor and paid 



98 



School Law of West Virginia. 



urer to receive 
grants. 



Site and 
buildings 



out of the treasury of the State, in like manner as other 
charges on the treasury are paid. 
state Treas- V. The Treasurer of this State is hereby clesio^nated 
as the officer to receive from the Secretary of the Treas- 
ury of the United States the said several s uus of money 
so to be paid to this State aforesaid, for the uses and 
purposes aforesaid. He shall keep an exact account of 
the moneys so received, and shall place to the credit of 
each of said benificiaries thereof, its due proportion of 
the same. The sums so placed to the credit of the West 
Virginia University shall be paid out by him on the or- 
ders of the board of regents thereof, and the sums so 
placed to the credit of the West Virginia Colored Insti- 
tute, shall be paid out by him on the orders of the board 
of regents of said institute. And said treasurer shall 
include in his biennial report to the Governor a state- 
ment of his receipts and disbursements under the pro- 
visions of this act. 

VI. It shall be the duty of the board of the school 
fund to proceed with all reasonable dispatch to procure 
the necessary quantity of farming land not exceeding 
fifty acres in all in some suitable and proper locality in 
the county of Kanawha, with a title thereto clear and 
unquestionable, and to erect the necessary buildings and 
make the necessary improvements thereon, for the pur- 
poses of this act, and to comply in good faith with the 
terms and conditions, and to carry into effect the objects 
and purposes of the acts of Congress in making said 
appropriations. 
Ten thousand ^^^- -^^^ ^^ Order to enable said board to perform 
dollar:^ to the dutics required of them by this act, the sum of ten 
thisi'^t^*^ thousand dollars is hereby appropropriated and placed 
at their disposal, payable out of any money in the treas- 
ury not otherwise appropriated: Provided^ That said 
board may in their discretion borrow the said sum of 
ten thousand dollars from the "school fund" mentioned 
in section 4 of article XII of the Constitution of this 
State, at six per cent, interest per annum, and execute the 
bonds of the State therefor, payable with interest as 
aforesaid, not more than-ten years from the date thereof. 



WEST VIKGINIA REFORM SCHOOL. 



Reform 
school. 



1 98c. I. An institution to be called "The West Vir- 
ginia Reform School," is hereby established, and shall 
hereafter be carried on in a suitable l)uildiug or build- 
ings for the purpose, to be erected by the State at such 
locality as may be selected in accordance with this act. 
This institution shall be under the control of a board of 
directors hereinafter provided for. 



School Law of West Virginia. 99 

II. The board of directors shall be composed of six go^rd of 
members, and not more than four of them of the same directors. 
political party. 

The Governor shall, on the tenth day of March, eighteen 
hundred and ninety-seven, or as soon thereaf fer as con- 
venient, nominate and by and with the advice and con- 
sent of the Senate, appoint said six directors for said 
school, whose term of office shall commence on the first 
day of June, one thousand eight hundred and ninety- 
seven. Said directors shall be divided into three classes 
of equal numbers, and not more than one director shall 
be appointed from any one county. The term of office 
of the first class shall be two years, of the second class 
four years, and of the third class six years. 

On the tenth day of March, one thousand eight hun- when 
dred and ninety-nine, or as soon thereafter as conven- appointed, 
lent, and every second year thereafter the Governor shall 
nominate, and by and with the advice and consent of the 
Senate, appoint two directors for said school, in place 
of the class whose term expires in said year. And the 
term of said directors shall commence on the first day of 
April in the year of their appointment and continue six 
years. 

The Governor may, in like manner, fill any vacancy 
that may occur in the board, and any one appointed a 
director by him during the recess of the Senate, shall 
hold office until the next session of the Senate there- 
after. 

III. The board of directors shall biennially choose one 

of their body to be president of the board, and in his President, 
absence shall choose a president j?r6> tempore. A major- 
ity of the board shall constitute a quorum, but the board Quorum, 
may in its discretion designate business, of a nature by 
it to be specitied, which may be transacted by a stated 
number of directors less than a quorum. 

IV. The board of directors shall make such by-laws, Ruiegand 
ordinances, rules and regulations relative to the manage- regHiawans. 
ment, government, instrtruction, discipline, training, 
emppiyment and disposition of the minors in the reform 
school, not contrary t^ law, a^ they may deem proper, 

and shall appoint such officers, agents and servants as 
thoy may deem necessary to transact the business and 
carry on the operation of said reform school, and may 
designate their duties. 

V. The bo«r(i of directors shall make an annual re- DireatoTs' 
port to the Governor of all then- transact'ons, of the ^'^^^'^ ' 
number of minors received by them into said reform 
school, the disposition which sh'^ll be made of such, 
minors, by instructing or employing them therein or by 
binding them out as apprentices; the receipts and ex- 



lOO 



School Law of West Virginia. 



Manner of 
commitment, 



Male minors 
committed. 



penclitures of said board of directors, and generally all 
such facts and particulars as may tend to exhibit the 
effect, whether beneficial or otherwise, of said reform 
school. 

VI. The manner of receiving inmates into the West 
Virginia Reform School shall be in either of the follow- 
ing modes, namely: 

First. Male minors under the age of sixteen years 
may be committed by a justice of the peace of any of 
the counties in the State, on complaint and due proof 
made to him by the parent, guardian or next friend of 
such minor, that by reason of incorrigible or vicious 
conduct, such minor has rendered his control beyond the 
power of such parent, guardian or next friend, and 
made it manifestly requisite that from regard for the 
morals and future welfare of such minor and the peace 
and order of society, he should be placed in the West 
Virginia Reform School. 

Second. Male minors under the age of sixteen years 
may be committed by the authority aforesaid, when 
complaint and due proof have been made that such 
minor is a proper subject for said reform school by 
reason of vagrancy or of incorrigible or vicious conduct, 
and that from the moral depravity or otherwise of the 
parent, guardian or next friend, in whose custody such 
minor may be, such parent, guardian or next friend is 
incapable or unwilling to exercise proper care and dis- 
cipline over such incorrigible or vicious minor. 

Third. Such male minors under the age of sixteen 
years as their parents, guardian or next friend may 
desire to place therein for temporary restraint and dis- 
cipline, where parents, guardian or next friend shall 
agree and contract with the board of directors for their 
support and maintenance. 

And fourth. Male minors committed by the several 
courts of the State, as provided by section 7 of this 
chapter. 

VIL Whenever any male minor, under the age of six- 
teen years, shall be convicted iQ any of the courts of 
this State of a felony or of a misdemeanor, punishable 
by imprisonment, the judge of said court in his discre- 
tion, and with reference to the character of the reform 
school as a place of reform and not of punishment, 
instead of sentencing said nainor to be confined in the 
penitentiary or county jail, may order him to be re- 
moved to and confined in the said reform school, to remain 
until he shall have arrived at the age of twenty-one 
years, unless sooner discharged or bound as an appren- 
tice by the board of directors; but no such boy shall be 
retained in said school after the superintendent shall 



School Law of West Virginia. 101 

have reported him, and he has been found by the board 
or its executive committee, to be fully reformed. Male 
minors under sixteen years of ao^e, convicted in any of the 
courts of the United States for the district of West Vir- 
ginia, or of any offense punishable by imprisonment, may 
also be received into said reform school upon such regu- 
lations, and such terms as to their maintenance and sup- 
port, as may be prescribed by the board of directors, 
and assented to by the proper authorities of the United 
States. And in all cases, before any minor is trans- 
ferred to said reform school, due notice shall be given 
to the superintendent and an answer received from him 
that there is room in the reform school for such minor. 

VIII. It shall be the duty of the justice of the peace ^^^^ ^^ ^^ 
when committing a minor to said reform school under annexed to 
the first and second clauses of section six of this chap- ^^'^^^ ^^° 
ter, in addition to the commitment, to annex to said 
commitment the names and residences of the different 
witnesses examined before him, and the substance of 

the testimony s;-iven by them respectively, on which the 
adjudication was found. 

IX. In all proceedings before justices of the peace for Guardian ad 
commitment of minors to the said reform school under ^^^^'™- 

the first and second clauses of section six of this chap- 
ter, the justice shall appoint some discreet and disinter- 
ested person guardian ad litem for such minor, whose 
duty it shall be to represent the interest of said minor 
and see that no injustice is done him; and the guardian 
ad litem of said minor shall have the right to demand a 
jury of twelve men to try the truth of the charges 
made against said minor, and said jury shall be selected 
and said trial shall be conducted in the same manner as 
is provided by law for the trial of criminal cases before 
justices by juries. And said guardian ad litem or said 
minor shall have the same right of appeal from any 
final decision rendered against said minor in any such 
proceedings, whether upon a trial by jury or otherwise, 
as is allowed by law in other criminal cases tried before 
justices. 

X. The West Virginia Eeform School shall be exclu- Male inmates 
sively charged with the reformation and care of male °°^^' 
minors, but white and colored inmates shall be kept sep- 
arate. 

XL Th° boa-'-d of directors shal^ have power to bind oiiiidien may 
out male children committed to their care, with the con- \l ap-"^*^ °^' 
sent of S'^ch children, as appren'ices during th< ir minor- pientices. 
ity to such person' and place, whf^ther in or out of the 
St'ite, and to learn some proper trade and employment 
as in the judgment of said board will be most conducive 
to the reformation and future benefit and advantage of 



193 School Law of West Virginia. 

such children, and the indentures by wbich said children 
shall be bound, shall contain the covenants and provis- 
ions prescribed by chapter eighty- one of the Code of 
West Virginia, relating to master and apprentices, and 
all the provisions of said chavter shall apply to appren- 
tices bo^md under tbis section, so far as applicable. 
coaiHiission XII. A commission consisting of the State Superin- 
te select site. Pendent of Free Schools, and one member from each 
Congressional district of the State to be appointed by 
the Governor, shall within four months after this act 
becomes in force as a law, selec*^ su"'h locality as it may 
deem best as the site for the West Virginia Reform 
School, and procure a good title to such site, and report 
their action to the Governor as so en as such se- 
lection is made and the title procured. And as soon as 
practicable after said report is made to the Governor, 
the "board of directors" herein provided for, shall con- 
tract for and cause to be constru«''ted on the si id site, 
such building or buildings as may be needed in carrying 
out the provisions of this act. Provided^ That the sum 
to be expended f^r said site and for constructiog sa^'d 
building, shall at no time exceed the appropriation for 
said purpose. 
Appropriation XIII. The sum of five thousaud dollars to be paid 
tuifdinT*^ out of the State fund for the fiscal year ending Septem- 
^°^ ' ber 30, 1889, and five thousand dollars to be paid out of 
the State fund for the fiscal year ending September 30, 
1890, is hereby appropriated out of any money in the 
treasury not otherwise appropriated to be used in pro- 
curing said site for said Reform School, and in provid- 
ing suitable buildings and accommodations for the same, 
and in carrying on said Reform School when establish- 
ed; and the reasonable expenses of the commissioners 
herein provided for, selecting a site for the said Reform 
School, shall be allowed and paid out of said money 
hereby appropriated. 
tore- XIV. Every ooy sent to the reform school shall 

mam until of remain until he is twenty-one years of age, unless sooner 
*^®" discharged, or bound as an ay^prentice by the board of 

directors; but no boy shall be retained after he has been 
reported by the superintendent and found by the board 
or executive committee to be fully reformed. 
j,g ^ .j^ XV. If any person shall entice or attempt to entice 

bojstobe away from the reform school any boy legally committed 
returned, &c. ^^ ^j^^ same, or shall aid or abet any boy to escape from 
said reform school, or shall harbor, conceal, or aid m 
harboring or concealing any boy who shall have escaped 
therefrom, such person shall be deemed guilty of amis- 
demeanor, and, upon conviction thereof, shall be fined 
not less than ten nor more than one hundred dollars; 



School Law of West Virginia. 103 

and the superintendent or any of his assistants, or any 
one authorized in writing by him, or any sheriff, con- 
stable, policeman or other peace officer, shall have 
power, and it is hereby made his duty, to arrest any boy, 
when in his power to do so, who shall have escaped from 
said school and return him thereto. 

XVI. Justices and constables and juries shall have Fees and 
the same fees in the proceedings for the commitment of '^'^^''ses. 
boys to the reform school as are allowed by law for 
similar services in other criminal cases, and such fees 
shall be audited by the county court of the county, and 
paid out of the county treasury. For transporting a 
boy to the reform school the officer having him in charge 
shall be allowed five cents for each mile of necessary 
travel, either in going or returning; and said costs of 
transportation in case the boy has been convicted of a 
felony shall be paid out of the State treasury in the same 
manner that other criminal charges are paid out of said 
treasury; and in case the boy has been convicted of a 
misdemeanor, or been committed by a justice, said costs 
of transportation shall be paid out of the treasury of the 
county, from which said boy is committed, in the same 
manner as other criminal charges are paid out of the 
treasuries of the counties. 

PREPARATORY BRANCH OF THE WEST VIRGINIA UNIVERSITT 
AT MONTGOMERY, FAYETTE COUNTY. 

Be it enacted by the Legislature of West Virginia. 

1. There shall be established a school at Montgomery, Name. 
in the county of Fayette, to be called the Preparatory 
Branch of the West Virginia University, by which 
name it shall have and hold all the property, funds, in- 
vestments, rights, powers and privileges granted by this 

act, by bequest, private subscriptions, donation or 
otherwise. 

2. It being estimated that the sum of ten thousand ^ ^^ ^^^_ 
dollars will be needed for the purpose of the erection of tiony°^' * 
suitable buildings and the purchase of a site for said 
school, therefore the sum of five thousand dollars pay- 
able out of the revenues of this fiscal year, one thousand 

eight hundred and ninety -five, is hereby appropriated 
out of any money in the treasury, to be expended under 
the directions of the board of regents of said school for 
said purpose. 

For the government and control of said school there Regents. 
shall be a board of regents consisting of the state super- 
intendent of free schools and the the members of the 
board of regents of the West Virginia University. As 



104 



School Law of West Virginia. 



Powers of 
Eegents. 



Board to let 
contract V 



Property 
vested in 
Board. 



Branches 
taught. 



Teachers. 



Tuition 



Tuition, etc.; 
how applied. 



such they may sue and be sued, plead and be impleaded, 
contract and be contracted with and have a common seal. 

3. Said board shall have all the powers to act and 
shall act and be controlled according to and under the 
laws of chapter forty-five of the code of West Virginia, 
governing the board of regents of the West Virginia 
University, except as herein limited by this act. 

4. Said board of regents shall as soon as this act takes 
effect, let to contract and provide for the erection of 
suitable buildings upon the site selected and furnished 
for said school by the citizens of the town of Mont- 
gomery, Fayette county. Said bu:"ldings to be com- 
pleted and said school opened not later than the first day 
of September, one thousand eight hundred and ninety- 
six. Said board shall y)rovide suitable books, furniture 
and apparatus necessary for the successful operation of 
said school, all of which shall be paid for as herein 
provided. 

5. That the property in all grounds, buildings and 
improvements erected under the provisions of this act, 
shall be vested in the board of regents of said school, to 
be used and controlled, as in like manner, is the prop- 
erty of the West Virginia University used and controlled 
by its said board of regents. 

6. There shall be taught in said school such branches 
of learning as are taught in the preparatory department 
of the West Virginia University and in the normal 
schools of this State; but no student shall receive in 
structions free of tuition in any of the branches herein 
designated, except as to such as are taught free in the 
preparatory department of the University of West Vir- 
ginia. 

7. It shall be the duty of the said board of regents to 
employ and fix the salaries of a sufficient and competent 
corps of teachers and other necessary officers. Said 
teachers and ofiicers to be paid as is provided by law 
for the payment of teachers and officers of the West 
Virginia University. 

8. All students of this or other States desiring to 
take other branches of study than those designated in 
said preparatory courses or take other course of study 
in said school shall pay such tuition as shall be herein- 
after fixed by the faculty of said school. 

9. All money arising from tuition, matriculation fees 
or otherwise coming into the hands of the treasurer of 
said school shall be used and applied to the payment of 
the teachers' salaries and other liabilities of said school. 



School Law of West Virginia. 105 

bluefield colored institute. 

1. There shall be established a school at Bluefield, Name, 
county of Mercer, to be called 'Bluefield Colored Insti- 
tute," by which name it shall have and hold all the 
property, funds, investments, rights, powers and privi- 
leges created by this act, by bequest, private subscrip- 
tion, donation or otherwise. 

2. It being estimated that the sum of eight thousand Appvopria- 
dollars will be needed for the purpose of the erection of "*^"' 
suitable buildings, and the purchase of a site for said 
school, therefore the sum of eight thousand dollars is 
hereby appropriated for said purpose; five thousand 
dollars of which sum shall be payable out of the reve- 
nues of this fiscal year, one thousand eight hundred and 
ninety-five, and three thousand dollars out of the reve- 
nues of the fiscal year of one thousand eight hundred 

and ninety-six, to be expended under the direction of 
the board of regents to be appointed for said school for 
said purpose of this act. 

For the government and control of said scljool there Board of 
shall be a board of regents consisting of the State ^^sents. 
Superintendent of Free Schools, together with four other 
members of said board, to be appointed by the Gov- 
ernor, by and with the consent of the Senate, one each 
from the several Congressional districts of this State, 
not more than two of whom shall belong to the same 
political party, which board shall be known as the 
"Board of Kegents of the Bluefield Colored Institute," 
and shall be a corporation, and as such may sue and be 
sued, plead and be impleaded, contract and be contracted 
with, and have a common seal. The said regents shall 
be appointed by the Governor and shall serve during his 
pleasure, and their compensation shall be such a per 
diem and actual expenses as other similar boards of the 
State. 

3. Said boards shall have all the powers to act, and Powers of 
shall act and be controlled according to and under the ^°^^'^- 
laws governing the board of regents of the normal 
schools of this State, except as here limited by this act. 

4. The said board of regents shall, as soon as this act 

takes effect, let to contract and provide for a suitable ^chooL"'^* *°' 
building upon the site selected for said school by the 
said board of regents, said building to be completed and 
said school opened not later than the first day of Sep- 
tember, one thousand eight hundred and ninety-six. 
Said board shall provide suitable books, furniture and 
apparatus necessary for the operation of said school, all 
of which shall be paid for as hereinafter provided. 

5. That the property and all grounds and improve- 



106 



School Law> of West Virginia. 



Property. 



Branches to 
lie taught. 



Teachers and. 
offleeis. 



Tuition. 



Foreign stu- 
dents. 



Money 
collected. 



ments erected under the provisions of tliis act, shall be 
vested in the board of regents of said school, to be used 
and controlled in like manner as the property of the 
normal school and branches is used and controlled by its 
said board of re^'ents. 

6. There shall be tausjht in said school such branches 
of learning as are taught in the preparatory department 
of the West Virginia University and in the normal 
schools^of this State, but no student shall receive in- 
struction free of tuition in any of the branches here 
designated except as provided in section ninety- six of 
chapter forty- five of the Code of West Virginia, and as 
to such as are taught free in the preparatory depart- 
ment of the University of West Virginia. 

7. It shall be the duty of the said board of regents to 
employ and fix the salaries of a sufiicient and compe- 
tent corps of teachers and other necessary officers, such 
teachers and officers to be paid as is provided by law for 
the payment of teachers and officers of the normal 
schools of this State. The said salaries to be paid out 
of any moneys in the State treasury not otherwise ap- 
portioned. 

8. All students of this State desiring to take other 
branches of studies than those designated in said pre- 
paratory course or taking other courses of study in 
said school, shall pay such tuition as shall hereafter be 
fixed by the faculty of said school. 

9. All students from other states shall be reqired to 
pay such tuition as shall be designated by the said board 
of regents 

10. All money arising from tuition, matriculation fees 
or otherwise, coming into the hands of the treasurer of 
said school, shall be used and applied to the payment of 
teachers' salaries and other liabilities of said school. 



APPENDIX. 



ORDER OF PROCEEDINGS AT THE FIRST ANNUAL MEETING OF THE 
BOARD AFTER THEIR ELECTION. 

[See Section 8. ] 



1. Appoint a secretary. 

2. Appoint on'^ trustee for each sub-district. 

3. De' ermine the number of months the schools shall be taught 
in the distiict during the school year. 

4. Determine the number of teachers that may be emplo3^ed in 
the sub-dist' icts, allowing at least one for each school house. 

5. Fix the sala ies of teachers according to the grade of certifi- 
cate 

6. Ascertain the average salary of teachers per month. 

7. Ascertain the whole number of months to be taught in the 
district. 

8. Determine the aggregate amount of money necessary to pay 
all the teachers. 

9. Ascertain the unexpended balance of the teachers' fund in the 
hands of the sheriff, due the district from last year, after paying- 
all salaries due teachers the preceding year. 

10. Ascertain any other moneys available to the teachers' fund. 

11. Deduct these amounts from the aggregate amount necessary 
to pay all the teachers. 

12. Lay the district levy for teachers' fund, large enough to 
cover this amount, making proper allowances for exonerations, 
delinquencies and commissions. 



108 School Law of West Virginia. 

The following examples will be convenient for reference in mak- 
ing levies for school purposes: 

Number of teachers to be employed in the district 20 

Number of months to be taught during the year 5 

Whole number of months to be taught in the district. . . » . 100 

Average salary of teachers $30 

Amount of money to pay all teachers ^,000 

Deduct amount on hand, including apportionment to the 

district from general school fund, say $1,100 

Amount to be levied for teachers' fund $1,900 

To find the average salaries of the teachers, fix the salaries 
according to grade, say: 

For a No. 3 certificate 

For a No. 2 certificate 

For a No. 1 certificate $45 



Divide by the number of grades 3)105 



Average salai'y of teacher per month 

To ascertain the number of cents to be levied on every one hun- 
dred dollars' valuation of property in the district to raise $1,900 
by taxation, suppose the whole valuation in the district to be 
$500,000. 

Rule — Drop the cents, if any, and add four ciphers to the 
amount in dollars to be raised by the levy, and divide by the 
amount in dollars taxable property. 

Example: 500,000)19,000,000(38 cents. 
15,000,000 



4,000,000 
4,000,000 
Similar calculations should be made in relation to the Building 
Fund. 

14. Determine the method and enter it on record, for calling 
special meetings of the board when necessary. 

FORM NO. I. 

form of orders to be entered of record by the board of 

education. 

Office of the Board of Education of | 

District, in the County of j 

At a meeting of the Board of Education held on the day of 

, 18 . . , there were present, president, and 

and , members of the board. 

On motion of , it is ordered that be, and he is 

hereby appointed Secretary of this Board. 



School Law of West Virginia. 109 

On motion, it is ordered that the following named persons be 
appointed trustees in the followina: named sub-districts, for a term 
of three years, and until their successors are appointed and quali- 
ified: 



Trustee for Sub-District No. 1. 



Trustee for Sub-District No. '2. 



On motion of ...... it is ordered that the salaries of teachers 

per month, for the school year, shall be as follows, according to 
the grade of their certificate: For grade No. 1, $....; for grade 

No. 2, I. ... ; for grade No. 3, $. . . . 

It is found by the board that in addition to the available funds 
now on hand, | . . . . will be necessary for the payment of teachers' 

salaries for the current year, and on motion of , it is ordered 

that a tax of .... cents on the one hundred dollars' valuation of 
the real estate and personal property of the district be levied for 
that purpose. 

(A similar order should be entered in relation to tilie levy for Build- 
ing Fund.) 

On motion of , it is ordered that the president and secre- 
tary of this board be authorized to sign, in vacation, all proper 
orders for the payment of money out of the teachers' fund or the 
building fund, for the salaries of teachers employed and claims 
allowed by the board, and that they report the orders drawn on 
each fund, at the next meeting of this board. 

The secretary of this board made a report this day for the sev- 
eral orders drawn by him and the president, on the teachers' fund 
and the building fund, respectivey, since the last meeting of the 
board, as follows: An order on the teachers' fund, in favor of 

, a teacher, for $....; an order in fa^or of , a teacher, 

for % ; also an order on the building fund, in favor of .... , for 

work done on school house, for I .... : and an order, in favor 

of for furnishing wood for school house, for % 

On motion of , it is ordered thit when in the opinion of 

the president or of the two commissioners it is deemed necesf^ary, 
the president or secretary may call a special meeting of this board. 

Oa motion the boar<i does now adjourn. 

President. 

Secretary. 



110 School Law of West Virginia. 



FOEM NO. II. 

order of appointment to fill a vacancy in the board of 

trustees. 

[To be entered in records of the board.] 

There being a vacancy in the board of trustees in sub-district 

no , in the district of , on motion of , 

it is ordered that be, and he is hereby appointed to fill 

said vacancy for the unexpired term, and till his successor shall 
be appointed and qualified. 

NOTE— This order of appointment should be entered in the record book of the board of 
education at a regular meeting, aud a copy of it signed by the secretary of the board 
served upon the appointee. 



FORM NO. III. 

appointment of a MEMBER OF THE BOARD OF EDUCATION TO 

fill a vacancy. 

Office of County Superrintendent, \ 

OF the County of f 

, West Virginia. , 18 . . 

It having been made known to me that there is a vacancy in the 

board of education in district in my said county, I 

, county superintendent of said county, in pursu- 
ance of the authority vested in me by law, hereby appoint 

to fill the vacancy in said board for the unexpired 

term. 

, County Superintendent. 

FORM NO. IV. • 



OATH OF OFFICE. 

State of West Yirginia^ County of to wit: 

I, , do solemnly swear (or aflirm) that I will support 

the Constitution of the United States, and the Constitution of this 
State, and that I will faithfully discharge the duties of mv ofiice 

of to the best of my skill and judgment. So help me 

God. 

A B- — . 

Sworn to and subscribed before me, , a justice 

of the peace, the .... day of , 189 . . 

C D , J. P. 



School Law of West Virginia. 



Ill 



FORM NO. V. 



FORM TO BE USED IN THE SETTLEMENT BY THE SHERIFF WITH THE 

SEVERAL BOARDS OF EDUCATION, ON OR BEFORE THE 

30th day of JUNE IN EACH YEAR. 

, Sheriff of county, in account with the 

Teachers' Fund of district for the year ending June 

30,189.. 



DR. 



To balance clue District on Sf'ttlement for the year ending June 30, 180 

To amount rtue fr mi State School Fund for the year ending June 30.189 

To amount levied on a. valuation of $ — - for the year ending June 30, 189— 

at cents on each hundred 

To amount received from other sources for the year ending June 30, 189. . .. 
[Itemize vach sum received from '-othersources," giving date, amount 
and from whom leceived.] 



Total debits.. 




Cents. 



OR. 



By balance due sheriff on settlement for the year ending June 30, 189 

By sundry school orders paid to date 

[The No., date, &n6. name of person to whom each order was drawn, 
with the actual amount paid thereon by the officer presenting it, should be 
(riven in df^fiiil ] 

By commission at 5 per cent, on net district levies 

By 2 per cent commission on railroad levy_ 

By exonerations — (Name each person exonerated, the name and for what 

yeai the exoneration is made) 

By delinquent list for the year ending June 30, 189 



Total credits 

Balance due district (or sheriff, as the case may be). 




Cents. 



FORM NO. VI. 



CALL FOR SPECIAL MEETING. 



Office of ) 

- District, >- 

County, W. Va. ) 

: ....,18.. 

It appearing to that a special meeting of the 

board of education of said district is necessary to transact business 

relating to and other matters, a meeting 

is hereby called at at .... o'clock .... M. , 

189 . . You are requested to be present. 

, Secretary. 

To 



112 School Law of West Vieginia. 

FORM NO. VII. 



for transfee. 

• , District 

IT^ 
SuB-DlSTEICT, No 



County, W. Va. 



, 189.. 

It appearing to the undersigned, trustees of .... sub-district 

that , children of of 

...... sub-district are so situated as to be better accommodated in 

sub-district no , district, County, W. Va,, 

this is to certify that said trustees have this day, as required by 
law, transferred them to that district. This transfer is to com- 
mence on the .... day of , 189 . . , and continue in 

force months. 

To the Trustees of Suh- ) ) 

Dut. No . . of.. . . Dist. , >- >• Trustees. 

County., W. Va. ] ] 

On the reverse of the transfer (Form VII) the following en- 
dorsement may be made: 

Transfer of scholars from sub-district no .... , Dis- 
trict, County, to sub-district no .... , District, .... 

County, W. Va. 

We, the trustees of the last named sub-district, this day 

*accept the within transfer in accordance with sec. 12 school law, 
, 189.. .. 



Trustees. 



*0r refuse to accept. 

NOTE— Trustees accepting transfers from other districts should transmit them to their 
board of education, there to be k^pt on file for the information of the board in making 
settlements for the amount due for the transferred pupils 

Trustees making transfers should furnish their board -with Information of all transfers 
made by them, to enable the board to provide for the payment of toe pro rata expenses of 
the traQgferred pupils. The following form may be used by the trustees : 

To the president of tlie hoard of education of district: 

This is to certify that the undersigned, trustees of sub-district 
no . . , .... District have transferred as required by law .... pupils, 
the children of from this sub-district to no . . , Dis- 
trict, County, to begin on the .... day of ,189 , and 

continue . . . .months. 



Trustees. 



School Law of West Virginia. 113 

FORM NO. VIII. 

FORM OF CONTRACT BETWEEN TRUSTEES AND TEACHER. 

This Contract Witnesseth, That, , , 

and .....-, trustees of sub-district No in 

the district of , and county of , West 

Virginia, of the first part, having met together as required by sec- 
tion 13 of the School Law, and , a teacher holding a 

No teacher's certificate, and having a certificate of attend- 
ance for five days, at a teachers' county institute, held in this 
State since tLe first day of June of this year, (or having^ an excuse 
for non-attendance at same, properly signed by the Board of exam- 
iners), of the second part, have this day agreed that said 

shall teach the free school in said sub-district, for 

the term of months, commencing on the day of 

, 189 . . , for the sum of dollars per month, 

and that for said services, properly rendered, the trustees afore- 
said will pay, as prescribed by law, the amount of salary due said 
according to the terms of this contract. 

And it is further agreed that if for any legitimate reason the 
school is not begun on the date mentioned, neither party shall have 
recourse on the other for damages. 

Witness our hands, this day of , 189 . . 



, . V Trustees. 

Teacher. 

FOR NO. IX. 



FORM OF COUNTY SUPERINTENDENT'S CERTIFICATE TO THE AUDITOR 
OF DISTRIBUTION OF STATE FUND FOR HIS COUNTY. 



Office County Superintendent Free Schools, [ 
, , County, W. Va. , ... 189 . . j 

To the Auditor of the State of West Virginia. 

Sir: — The following shows the apportionment made by me to 

the several school districts of the county of , for 

the school year commencing July 1st, 189. . 

Whole amount certified by State Superintendent, % 

Amount deducted for salary of County Superintendent, 

Whole amount distributed to the several school districts, 



il4 School Law of West Virginia. 

Amount distributed to each school district respectively : 



DISTRICTS. 



Payment of 
Sept. 15th. 



Payment of 
Dec. 15th. 



.District, $. 



Total, 



INDEPENDENT DISTRICTS. 



. District, $. 



Total, 



Total. 



, County Superintendent 

of County. 



Section 22 of the School Law requires county super mtend- 
ents to apnortion the State Fund among the several districts of 
their respective counties and to report the same on this form to 
the Auditor. 

FORM NO. X. 

COUKTY SUPEEINTENDENT^S CERTIFICATE TO SECRETARIES OF THE 

amount of railroad tax. 
Office County Superintendent Free Schools. 

To thp Sec^y Board of Education of ^ - - - ...District. 

You are hereby notilied that the amount due your district for 



School Law of West Virginia. 115 

school purposes and chargeable to the Sheriff on the respective 
accounts of Teachers' and Building Fund '\vl proportion to the rate 
of levy for each, for the school year ending June 30, 189 . . , from 

the Railroad Company is Dollars. 

Given under my hand this .... day of , 189 .... 

Dated . . . . , 189 . . County Sup't County. 

When the County Superintendent is notified by the Auditor of 
the amount paid into the treasury by the Railroad Company to the 
credit of any district for school purposes; or, is notified of the 
tmount of Railroad tax certified by the Audttor to the Sheriff of 
ahe County for collection for school purposes, he should, without 
delay, notify (on this blank,) the Secretaries of the respective 
Boards of Education of the amount due them from the different 
Railroad companies that have property in their respective districts. 
The secretaries of the Boards, when they are notified as above 
directed, should divide the amounts so reported, between the 
Teachers' and Building YxmA^'va proportion to the rate of levy v^&dQ 
for each. The amounts should then l)e charged up to the Sheriff' 
on account of the respective Funds. 

FORM NO. XI. 

COUNTY superintendent's CERTIFICATE TO SECRETARIES OP THE 

amount of state fund. 

Office of County Superintendent Free Schools. 

, 189 . . 

To the Secretary of the Board of Education of District^ 

I hereby certify that the amount of State School Fund appor- 
tioned to your district for the school year beginning on the 1st day 

of July, 189 . . , is 

dollars. 

Enumeration for 189 . . , (corrected) 

County Superintendent. 

This amount will be paid to the sheriff of the county in two 
equal installments, on September 15th, and on December 15th, 
next; provided your board levy for a sum, which, together with 
the balance on hand, funds from other sources, and this State fund, 
will be sufficient to pay for having the schools of your district 
taught for at least five months in the year. You will charge the 
sheriff with the above amount on account of the teachers' fund. 

As soon as the county superintendent receives notice from the 
State Superintendent of the amount apportioned to his county, he 
should apportion the amount among the respective districts and 
independent districts, according to the number of youths between 6 
and 21 iu each, ascertained by the last enumeration, and should 



116 School Law of West Vieginia. 

thereupon notify the respective secretaries on this blank (Form 
16) without delay. 

FORM NO. XII. 

assessor's notice to secretaries of valuation of personal 

property. 

Office of Assessor ) 
OF County, f 

To tlie Secretary of the Board of Education of District: 

The assessed valuation of the personal property in your district 
on the first day of January, 189 . . , ag^re^^ates % 

Given under my hand tlie .... day of , 189 . . 

, Assessor. 

P. O. Address, 

A copy of this notice should be sent to the secretary of each dis- 
trict at the very earliest moment possible, as he must have it on 
the first Monday in July, at the annual meeting of the board of 
education. 

The assessor of every assessment district shall make out and 
deliver to the secretary of the board of education of each district 
and independent school district in his district, on or before the first 
day of July in each year, a certificate showing the aggregate value of 
all personal property; and the clerk of the county court shall certify 
to the said secretary the aggregate value of all real estate in such 
district or independent school district, which certificates shall serve 
as a basis for any levy that may be made for school purposes for 
that year. — (Sec. 43 School Law.) 

Any assessor who shall to fail to make out and deliver the cer- 
tificate mentioned in the forty-third section, and any secretary of a 
board of education who shall fail to make out and deliver the cer- 
tificate named in this section, shall be fined twenty dollars, for the 
benefit of the building fund of the district. ^(Part of Sec. 44 
School Law.) 

FORM NO. XIIL 

COUNTY clerk's NOTICE TO SECRETARIES OF ASSESSED VALUATION 

of real estate. 

Office Clerk County Court ) 

County, W. Ya. j 

To the Secretary Board of Education of District. 

The assessed valuation of the real estate in your district on the 
first day of January, 189 . . , aggregates % 

Given under my hand the day of . . , 189 . . 



Clerh of County Court. 



School Law of West Virginia. 117 

A copy of this notice should be sent to the secretary of each dis- 
trict at the very earliest moment possible, as he must have it at the 
annual meeting of the board of education on the first Monday in 
July. 

The assessor of every assessment district shall make out and de- 
liver to the secretary of the board of education of each district and 
independent school district in his district, on or before the first day 
of July in each year, a certificate showing the aggregate value of 
all personal property; and the clerk of the county court shall cer- 
tify to the said secretary the aggregate value of all real estate in 
such district or independent school district, which certificates 
shall serve as a basis for s.ny levy that may be made for school 
purposes for that year. (Section 43 School Law.) 



FORM NO. XIV. 



COUNTY CLEEK S NOTICE TO SECRETARIES OF DELINQUENT LISTS. 

Office Clerk County Court t 

County. \ 

To the Secretary Board of Education District. 

The sheriff of • . ■ ■ county is entitled to credits for the 

delinquent list (including property erroneously and improperly 
charged) for the year ending June 30, 189 . . : 

On Eeal Estate for Teachers' Fund, I 

On Personal Property for Teachers' Fund. 

Total for Teachers' Fund, 

On Real Estate for Building Fund, % 

On Personal Property for JBuilding Fund, 

Total for Building Fund, 

You will charge the sheriff with the following amounts, certified 
by the auditor as paid to the sheriff on account of redemption of 
delinquent lands paid into the treasury before sale: 

For Teachers' Fund, % 

For Building Fund, I 

Given under my hand the day of , 189 . . 



Clerk of CountyWo^irt. 

The'said lists shall be returned to the county court before the first day of July in every 
year, and the list of real estate shall b"^ examined, corrected and allowed by said court, 
and a copy thereof certified to the auditor, and another copy to the assessor tor Inture 
use in making out tlie next land book. The list of personal property shall also be examin- 
ed, corrected, and allowed by the court, and the amount thereof so allowed, together with 
the amount allowediof the list of real estate, shall be certified by the clerk of said court 
to the secretary of the board of educationjof the proper district. The original list shall be 
preserved by the clerk of said court in his^offioe.— Sec./^S, School Law, 



118 School Law of West Virginia. 

FORM NO. XV. 
secketaey's notice to county supeeintendent, assessor and 

COUNTY" CLEEK, OF EATE OF LEVIES. 

Office of Seceetaey Boaed of Education. 

,........, 189. .. *To of county, 

At a meeting' of the board of education of district 

of said county, held on the .... day of , 189 . . , it was 

orderded that levies^ for the support of the free schools of the dis- 
trict for the year beginning the first day of July, 189. . . be made 
for the respective funds at the following rates: 

For Teachers' Fund, cents on the 1100 valuation. 

For Building Fund, cents on the ^100 valuation. 

Respectfully, 
, Secretary. 

*Write Assessor. Olerk of Couny Court or County Superintendent as the cae may 
be. Each must be noiiUtjCi promptly. 

Section 44 School Law. — Immediately upon the receipt of the 
certificate mentioned in the preceding section, and of the notice 
from the county superintendent, as hereinafter provided, showing 
the amount of the general school fund to which such district, or 
independent school district is entitled, it shall be the duty of the 
board of education of such district to determine the rate of taxa- 
tion necessary for the pay of teachers and for the building fund in 
their district for the school year and for the payment of any such 
existing indebtedness, as aforesaid, and report the same by their 
secretary, to the clerk of the county court, to the county superin- 
tendent and also to the assessor; and thereupon, it shall be the duty 
of the said assessor to extend on his books of assessment for State 
and county purposes the amount of taxes levied as aforesaid, in 
two separate columns, the one headed "Teachers' Fund," and the 
other "Building Fund," from which, extension the sherifi' shall 
proceed to collect the same, and shall account therefor as required 
by law. Any assessor who shall fail to make out and deliver the 
certificate mentioned in the forty-third section, and any secretary 
of a board of education who shall fail to make out and deliver the 
certificate named in this section shall be fined twenty dollars, for 
the benefit of the Building Fund of the district. 



SCHOOL CALENDAR. 



JULY. 
1. School year begins. 

Member of board takes office. 

(Or before) Assessor certifies value of property. 

(Or before) Sheriff settles with Board of Edocaticn. 

(Before 1st day of July) Sheriff reports delinquent property. 

1st Monday. Board of Education meets. 

(Or as soon thereafter as practicable) Board of Education lays levies. 

1st Wednesday. Presidents meet to appoint examiners. 

4. Legal holiday. 

3rd Monday. Trustees meet to employ teachers. 

20. (Or before) Secretary reports rate of levy. 

AUGUST. 
1. (Or before) County Superintendent makes report to State Superintendent. 

SEPTEMBER. 
1. Auditor reports condition of school fund to State Superintendent. 

NOVEMBER. 
Last Thursday. Thanksgiving Day. Legal holiday. 

DECEMBER. 
25. Christmas. Legal holiday. 

JANUARY. 

1. Nevr Year's Day. Legal holiday. 

(Or before) State Superintendent makes report to Governor. 

APRIL. 
1. (Or before) Teachers make enumeration. 

15. (Or before) Secretary transmits copy of enumeration to County Superintendent. 

MAY. 
1. (Or before) County Superintendent forwards to State Superintendent report of 
enumeration. 

JUNE. 
10. (Or before) Auditor notifies State Superintendent of amount of general or distrib- 
utable school fund, 

30. School year ends, 



INDEX. 



AGRICULTURAL EXPERIMENT STATION 

establishinent of and provisions relating to . 



ALCOHOLIC DRINKS AND NARCOTICS 

effects of upon the human system, special instructions in . . . 

to be taught as thoroughly as other branches. 

penalty for failure to make the provisions for instruction in. 
teachers to be examined in 



Page. 


Sec.Opn. 


84,85 


86a 


17 


11a 


17 


11a 


17 


11a 


17 


11a , 



ASSESSOR 

to certify value of per? 



■ lalproperty to secretary; when 46,47 43 



penalty on, for failure to certify value of personal property 

penalty on, for charging a greater amount of taxes than is due- 
fines against, how recovered 

form of delinquent list of personal property to be used by , 

to furnish list of property in sub-district.. 

to register names of deaf and blind persons 



AUDITOR 

not to pay state fund to districts not making local levy... 

delinquent list to be certified to 

to include school taxes on real estate in delinquent list furnished 

sheriff 

to deduct salary of state superintendent from general school fund., 
to certify to state superintendent amount of general school fund 

for distribution 

to issue warrant for amounts of general school fund due county; 

when 

to report condition of school fund to state superintendent ; when.. 
is custodian of the school fund securities 

BLUEFIBLD COLORED INSTITUTE 

name, appropriation and provisions for 



47 


44 


47 


44 


47 


44 


52 


47 


30 


26 


94 


98( 


46 


42 


53 


48 


53 


49 


75 


60 



BOARD OF BALLOT COMMISSIONERS 

special provisions as to ticket 

duties of commissioners 



BOARD OF EDUCATION 

who constitute 

time in which members to qualify 

members of, ineligible to other school offices, 
tie in case of election of ; how decided 



76 


62 


78 


68 


80 


74 


.105, 106 


98c 


9 


2 


10 


3 


8 


2 


11 


5a 


8 


2 


« 


3 



140 



123 



Index. 



presidents of, to elect county superintendent in case of tie 

application of, to board of ballot commissioners 

to submit question of additional months of scbool ; how 

to make required levies 

duty of, in case levj is voted down 

time of first meeting of 

members of, must not be interested in school contract 

vacancies in; how filled and what time 

to determine the number of teachers to be employed _... 

no business to be transacted without qxiorum of, except what 

compensation of members of 

of independent district; compensation of 

a corporation with corporate right 

liability of 

may receive, hold and dispose of what 

process, how served on 

have control and supervision of schools iu district 

may change boundaries of stib-districts - 

duty of, in case county court change district boundaries 

to cause school to be kept in each sub-district 

to employ teachers in case trustees fail to do fo 

to havfi revision of acts of trustees 

to pay another district tuition of transferred pupils 

may declare tfaeher's contract illegal 

may review action of trustees in suspending or expelling pupils ... 

to furnish blank record book for trustees 

to apportion school fund to colored pupils; when 

to give order to discontinue use of unauthorized texts 

may be compelled by mandamus to divide funds 

to require enumeration of school youth to be made 

charged with the duty of moral training 

to provide suitable houses and grounds 

not to be interested in contract for building or repairing house 

judgment or decree, for monpy, against. 

indebtedness of, must be paid, how 

to determine the rate of taxation necessary for teachers' and build- 
ing funds 

must not contract debt. 

to require secretary to publish statement.*. 

to make settlement with sheriff 

penalty on for refusing to make settlement with sheriff 

membeirs of liable to fine for neglect of duty 

not to receive part of sch5ol fund unless local levy has been laid... 

not to pay for abstract of sheriff's settlement 

members of not to act as agents- 

to issue order to pay for books (Acts of 'S5) 

to pay for books and transportation out of building fund (Acts of 
'97) 

authorized to purchase books from scholar 

liable for amount of books furnished depositaries '. _ 

liable for amount of books furnished depositaries (Acts of '97)_ 

to appoint depositaries 

may remove depositary (Acts of '95) 

may remove depositary (Acts of '97) 

to supply secretaries with books to keep depositaries' accounts. 

to require bonds of all contractors 

BOARD OF EXAMINERS 

of whom composed 

qualifications of members of. 

members of; how nominated, when elected, ^term 



Page. 



11 
41 
10 
11 
11 
11 
12 . 
12 
12 
12 
12 
14 
It 
14 
15 
15 
17 
18 
19 
19 
22 
23, 24 
74 
24 
24 
39 
41 
42 
43 
43 

47 



50 
54 
75 
76 
51 
57 
66 

73 
74 
65 
73 
64 
66 
74 
65 
41 



Sec. Okn. 

2- 

2 
3 

2 

2 

6 

34 105 
5 

6 

6 

6 9 
9 

7 

7 

7 

7 

9 

9 

18 

10 

10 

18 12 

12 

13 

13 

16 

18 2 

58a 

18 

19 51 

32 

34 104 

34 105 

37 

87 

44 122 

45 12 

45 123 

46 12 

52 

59 

61 

129 

57 138 
59 

58a 

58a 

58 ..... 

58a 

58 

58 

58a 

58 

34 

27 

27 

27 69,70 



Index. 123 

Page. Sec. Opn. 



to lio'd stated examinations... 

ma,y limit time of examination 

txaniination to be held «.t close of Institute , 

examinations prohibited till after first of school year., 
eompeusntion of members of 

members oE. cannot issue certiftcites to each other.. .. 
members of, may teach without certificate 



BOARD O? THE PERMANENT SCHOOL FUND 

Of whom eompoi-ed... 

oraanizatiou of 

meetings of, where held 

to recover money due school fund; how 

may appoint agents _ 

to invfst the school fund; how li 

auditor to be aeeauntant of _ 

BONDS 

constitutional provision '. 

publisher's bond (Acts of '95) , 

depository's bond (Acts of '9-5) 

publisher's bond (Acts of '97) 

depository's bond f'Acts of '97) 

to be given by county superintendent 

to be i^iven by contractors 

special, to be given by sheriH 



33 


28 


72,85 


32 




76 


38 


30 




38 


30 




31 


27 




33 





83 


33 


28 


81 


79 


69 




79 


69 




79 


■ 70 




79 


71 




79 


72 




,80 


73 




80 


74 




5 


8 




63 


58 




64 


58 





71 


58a 




72 


58a 




55 


53 




41 


34 




49 


46 





BOOKS 

officers and teachers not to act as agents for, except 7,57-58 9-57 138 

schedule of prices to be supplied by publishers 63 58 

changes in books under contract 62 58 

certain books not to be required to be used _ 62 58 

BRANCHES TO BE TAGUHT IN THE PRIMARY SCHOOLS 

enumeration of 16 11 23, SI 

BRIBERY 

of district school officers, how punished 19 13 

BUILDING rUHD 

maximum rate of levy for : 43 

for what purpose to be used... 43,44 

from what sources derived 44 

not to be used to pay debts against teachers' fund 44 

money from sale of books te be credited to 65 

books and transportation to be paid cut of 73 

CADETS 

appointment of 83, 84 

to have free books and stationery _ 84 

CALENDAR 

of school year 119 



38 


110 


38 


112 


39 


114 


39 


113 


58 




58a 




82 




83 





CERTIFICATE 

grade of to determine rate of salary , 11 

teachers must file duplicate of_ 32 28 79 

plan upon wnich issued 34,35 29 87 

applicant for to be examined in physiology and hygiene 

to be granted only upon examination 

valid only in county where granted 

to expire with school year 

all grades of issued at same examination 

(See, also, State Certificate.) 



32 


28 


35 


29 


17 


11a 


32 


28 


32 


28 


33 




33 


.... 



124 



Index. 



CHANGES IN SUB-DISTRICT 

by whom and when made. 



Page. Sec. Opn. 
14 9 



CLERK OF COUNTY COURT 

to call meeting to elect county superintendent in case of tie 9 2 

to give notice of such meeting 9 2 

to certify valuation of real estate to secretary ; when 47,5043,46 



to certify delinquent list to secretary 53 

to place delinquent list of personal property in hands of sheriff , 53 

to keep record of settlement with sheriff 54 

to transmit to state superintendent abstract of annual settlement... 54 

to certify to state superintendent name of county superintendent... 55 

levies for school purposes to be reported to 6, 7 



COLORED SCHOOLS 

trustees to establish, when 

to receive proportion of district funds, 
trustees to.make report of 



white cMldren not to attend 
secretary to make report of . 



COMMISSIONER 

when elected, term and commencement 
election , duties 



COMPULSORY ATTENDANCE 

non-attendance, what constitutes 

trustees and teachers to report non-attendance 

exemption from 

compulsory clause may be set aside upon petition 



CONTRACTS 

form of contract between teacher and trustees 

school officers not to be interested in contracts for buildings. 

book contract of 1895 for five years 

book contract of 1895 to remain in force 

form of contract with publishers 



CONTRACTORS 

bonds of 

security to be given by . . 



COUNTY COURT 

to pass upon special bond 

delinquent list to be returned to 

to certify delinquent list to assessor 

to make settlement with sheriff or collector. 



COUNTY SUPERINTENDENT 

constitutional provision concerning 

qualifications of 

election of, length and commencement of term of 

who to be elected in case of tie 

salary of, how paid 

salary for last quarter not to be paid till report Is made. 

bond of 

to notify state superintendent of his election... 

to visit all schools in his county yearly.. 

to acquaint himself with the schools of his county........ 



23 
28 
25 

7 
28 



119 
130 



51 
52 
52 
53 

7 



17 
18 
20 
8 
17 



25 21 



58 



8 


2 


1 


10 


3 




15 


lOo 




16 


10a 




16 


10a 




16 


10a 




lie 






41 


34 


105 


62 


58 




•70 


58a 




71 


58a 




41 


34 




41 


34 




49 


id 




53 


48 




53 


48 




50 


46 




5 


8 




55 


53 




8 


2 




9 


2 




55 


53 


186 


55 


53 


1J2 


55 


53 




8,9 


2 




56 


54 


77 


56 


54 





Index. . 125 

Page. Sec. Opn. 

to acquaint himself with school house architecture — . 

to cast vote in case of a tie vote for member of hoard of education. 

vacancy in office of, how filled 

to issue orders to pay members of board 

to pay salary of secretary of board of education... 

to certify to state superintendent value of property, rates of levy... 

appeal to, regarding district boundaries 

action of, in case of appeal regarding sub-district boundaries 

action of, when enumeration of youths has not been received 

to certify enumeration of youth to state superintendent 

to make annual report to state superintendent. 

to nominate members of board of examiners. 

to collect examination fees 

to advise state superintendent regarding county institutes. 

to determine location of school house, when 

may teach without certificate.. 

to preserve manuscripts one year from examination 

to approve plans of new school houses 

to advise boards regarding school houses, furniture, and fixtures ... 

have no authority over rate of teachers' wages. 

to furnish to publishers names and addresses of presidents and 

secretaries. 

to aid teachers in improving themselves.. 

to encourage and aid institute work 56, 57 

to join in union institutes 

to conform to the instructions of the state superintendent 

to distribute school supplies for his county. 

to make detailed report to state superintendent 

to report districts that have failed to make levy. 

to report to auditor districts voting down ]evy 

to record his proceedings in a well-bound book.. 

to ascertain amount of school fund due his county 

to notify boards of education of the amount^ of state fund due them 

to issue requisition for amount of school fund due districts 

to give consent to sale of property 

to call meetings of county book boards. 

COUKSB OF PROFESSIONAL STUDY 

to be prescribed by state superintendent 

what to embrace 

teachers to be examined in, 



9 


2 




55 


53 




11 


6 


8 


13 


8 




13 


8 




14 


9 


20 


14 


9 




24 


19 




25 


19 




27 


22 


57 


30 


27 


68-71 


31 


27 


75 


37 


30 




41 


34 106,107 


33 


28 




32 




77 


42 


35 


108 


56 


54 




56 




134 


65 


58 




56 


55 




57 


55 




57 


55 




57 


65 




57 


55 




57 


56 132,13 


57 


56 




46 


42 


121 


57 


56 




76 


61 




76 


61 




76 


62 


139 


40 


33 




70 


58a 




38 


30 




38 


30 




38 


30 





COURSE OF STUDY 

state superintendent to prescribe for county and village schools.... 16 11 

order and arrangement of 16 11 

county superintendent to enforce uniformity 56 54 

DEPOSITARIES 

board of education to appoint (Acts of '95) 

board may appoint (Acts of '07> 

to execute bond (Acts of '95) 

to execute bond (Acts '97) 71, 72 

depositary's commission (Acts '95) 

depositary's commission (Acts of '97).. 72, 73 

to make out lists of text books needed (Acts of '95) 

to make out lists of textbooks needed (Acts of '97) , 

to receive boou s in exchange (Acts of '95) 

to receive books in exchange (Acts of '97) 

to pay transportation charges 

to make payments to sheriff (Acts of '95) 

to make payments to sheriH (Acts of '97).. , 



64 


58 


71 


58a 


64 


58 


72 


58a 


65 


58 


73 


58a 


64 


58 


72 


58a 


67 


58 


74 


58a 


65 


58 


65 


58 


72 


58a 



126 Index. 



Page. Sec. Opn. 

to execute new bond and turn over books 66,67 58 

to turn over superseded books to board 74 58a 



DISTURBANCES 

penalties for, of schools, societies, etc 21, 22 15a- 15& 

DOLE'S "AMERICAN CITIZEN" 

to be changed 60, Gl 58 

ELECTION 

of county superintendent 8 2 

of president and commissioners 8 2 

when to be held 8 2 

ballots, what to be written or printed taereou 9 2 

special , when and for what purpose 9 2 

vote upon the question Qf a high school 27,28 21 

vote upon question of increased levy for graded school 29.30 26 63-65 

vote upon question of longer term 46 41 

officers, liability of.. 10 3 

ENUMERATION OF YOUTH , 

how, when, and by whom to be taken 

how to be taken in districts from which there have been transfers 

penalty for not taking 

secretary to keep record of 

county superintendent to report to state superintendent 

EX.\MINATION OF TEACHERS 

in what branches 16,32-35 58.29 22ao 

teachers not to be admitted to, who have not attended institute,.. 38 SO 91 

not to bo held before beginning of school year 38 30 97 

FINES 

for failure to teach nature of alcoholic drink 

against school olficers for being interested in contracts , 

against assessors, how recovered 

against assessor for overcharges of taxes 

against assessor for failure to deliver certieate , 

against members of board for failing to make settlement , 

against sheriil for failure to make settlement 

for violations of county school book board laws 

for using unauthorized text books 

for violating county text book law 

against members of school board for neglect of duty 

for molesting or disturbing schools :... 



24 


19 


38 


12 


24 


19 


24 


19 


25 


19 



FIRES 

trustees required to provide for building, 
maximum to be paid for building 



17 


11a 


41 


34 


47 


44 


47 


44 


47 


44 


54 


52 


54 


52 


75 


58rt 


74 


5Sa 


75 


58o 


75 


59 


21 


15a 


39 


32100,101 


89 


32 



FORFEITS 

by teachers who disobey order of state superintendent 67, 68 

by teachers who use unauthorized texts-books 74 

FORMS 

of delinquent list 

of county superintendent's requisition. 

of assessor's delinquent list of personal property 

of county clerk's delinquent list of real estate. 

of record to be entered by board of education.. 

of appointment of trustees 



52 


47 


76 


62 


52 


47 


52 


47 


108 


...- 


109 


.... 



Index. 127 



Page. Sec. Opn. 

of order to fill vacancy in board of trustees 110 

of order to fill vacancy in board of education 110 

of oath of office 110 

for sheriff's annual settlement Ill 

for call for special meeting Ill 

for transfers of pupils 112 

of contract between trustees and teachers 113 

of county superintendent's certificate to auditor 113 

of county superintendent's certificate to secretaries 114 

of county superintendent's certificate of state fund 115 

of assessor's notice of valuation of perronal property 116 

of county clerk's notice of assessed valuation of real estate _ 116 

of county clerk's notice of delinquent lists _ H7 

of secretary's notice of rate of levies. 118 



41 


34 


41 


84 


75 


60 


75 


60 


75,76 


61 



FKEE SCHOOLS 

duty of legislature concerning 5, 6 1-5 

levies for, to be reported to clerk of county court 6 7 

( 7 8 

white and colored persons not to attend same school.. < 2i 17 

( 96 98& 

persons connected with not to be interested in sale of books. _ 7, 57 9, 57 138 

persons above twenty-one years of age may attend; when 15 10 21 

may be discontinued under the thirty-fiye per cent. rule_ 19 13 

penalty formolesting or disturbing—. 21 15a 

FURNITURE, FIXTURES, AND APPARATUS 

to be provided by the board of education , 

to be kept in good order and repair 



GENERAL SCHOOL FUND 

from what source derived _ 

how and when distributed 

amount of, for distribution to be certified to state superintendent. 

GOVERNOR 

to appiunt regents of the University 82 78 

to fill vacancies in board of regents of University 82 78 

to appoint regents of Normal Schools 86 87 

to appoiat regeats of Schools for Deaf and Blind _ 91 98a 

to appoint directors o; Reform School _ 99 98c 

to fill vacancies in board of directors of Reform School 99 98c' 

to appoint regents of Bluefield Colored Institute 105 98c 

to appoint regents of West Virginia Colored Institute 97 98& 

GRADED SCHOOLS 

may be establisned.how 29 26 64, 65 

how term may be extended in 29, 30 26 63-66 

HIGH SCHOOL 

may be established; how 27-2924-25 62 

to be discontinued; when 

additional levy for 

joint high school 

directors of joint high school 

care and direction of joint high school 

report of directors of joint high school , 

HOLIDAYS 

days on which school is not to be kept ,. ,. 



19 


IB 


28 


24 


28 


25 


29 


25 


29 


26 


29 


26 


39 


31 98,99 



128 



Index. 



Pace. Sec. Opn. 



HYDE'S LANGUAGE BOOKS 
declared to be grammars . 



INDEBTEDNESS 

constitutional provisions concerning, 
against teacher's fund; how paid 



INDEPENDENT SCHOOL DISTRICTS 

constitutional provision concerning 

compensation of members of board 

not to receive part of state fund unless levy has been made. 



INSTITUTES 

for what purpose established 

how, when, and where to be held 

to be instructed by whom 

compensation of instructor of 

state appropriation for 

course of work for 

teachers failing to attend not to be employed, 
excuse for non-attendance at 



INVOICE OF BOOKS 

publishers to forward 

IRREDUCIBLE SCHOOL FUND 

(See Permanent School Fund.) 

LANDS FOR SCHOOL PURPOSES 

boards of education to purchase 

how to be condemned 

how may be sold 

exempt from taxes 

exempt from execution or other process 



LEGISLATURE 

shall encourage moral and educational improvement, 
must make suitable provision for whom 



68 58 



LEVY 

for graded school 

ballots for question of school levy 

how long to continue after election 

special, may be made 

for building fund 

for support of schools 44, 45 

special for indebtedness 

necessary to get state fund 

assessor's certificate, basis of 

for books furnished depositaries 

LIENS 

on real estate for district levies 



MAGISTERIAL DISTRICT 

constitutional provision for 

to be school districts 

to be divided into sub-district". 

not to receive part of State fund unless levy has been made. 

NON-ATTENDANCE 

what constitutes ,... 



5 


8 




45 


40 


i5b 


7 


10 




12 




9,10 


46 


42 


121 


37 


30 




37 


30 




37 


30 




38 


80 




38 


30 




38 


30 




38 


30 




39 


30 


95 



41 


34 




42 


36 


109 


40 


83 


102 


43 


37 




43 


37 




7 


12 




7 


12 




29 


25 




9 


2 




9 


2 




45 


40 


117 


43 


38 




45 


40 




45 


40 




46 


42 


121 


47 


43 




66 


58 




53 


50 




3 


27 




8 


1 




8 


1 




46 


42 


121 


15 


10a 





Index. 129 

Page. Sec. Opk. 
trustees and teachers to report 16 10a ..„„ 



NORMAL SCHOOL 

(See State Normal Schools ) 

OATH OF OFFICE 

required by constitution 

time in which to take 

secretary of board may administer. 



OFFICERS. 

may be removed for what 

subject to in'iictment for what 

general provisions relating to 

fine for, when other penalty is not fixed 



ORDER OF BUSINESS 

for meeting of board of education 107,108 

PERMANENT SCHOOL FUND 

constitutional provision relating to 

report of condition of, to be made to State superintendent 

board of, of whom composed. 

auditor to ascertain what sums have accrued 79, 80 

how to be invested 

stocks transferred to 

PREPARATORY BRANCH OP THE UNIVERSITY. 

appropriations for and regents of 

power of regents, property and general provisions 



PRESIDENT OF BOARD OF EDUCATION. 

when elected, length of term and commencement. 

to sign orders upon the sheriff 

vacancy in office, how filled 

to elect board of examiners 

to visit school houses and make report 

to fill vacancy in office of county superintendent.... 

cannot be a member of the board of examiners 

to sign list of books needed 



3 


5 


....... 


11 


5a 




13 


8 




S 


6 




4 


4 


1 


10 . 




2 


75 


59 




5 


4 




78 


68 


140 


79 


69 




,80 


73 




79 


73 




80 


73a 




103 


98c 




104 


98c 




8 


2 




11 


6 





10 


5 


2 


30 


27 67,68 


40 


33 




55 


53 




32 




74 


72 


58a 





PRIMARY SCHOOLS 

branches to be taught in 16 11 81 

PROFESSIONAL STUDY COURSE OF 
(See course of professional study.) 

PROSECUTING ATTORNEY. 

duty in case sheriff fails to make settlement 

to instruct boards of education 

PUBLISHERS 

who fail to fulfill contract 

to give bond on state contract 

to give bond on county contract , 

to send books promptly 

to make out two bills of books 

PUPILS 

legal age of 

may be expelled or suspended „ ,.,., „... 



54 


52 


42 


43 109 


70 


58a 


63 


58 


71 


58a 


72 


58a 


72 


58a 


15 


10 


19 


13 



130 Index. 



pay - 

QUORUM 

of trustees. 

of school book board 

of regents of the University 

of regeuts or schools for deaf and blind, 
of directors of reform school . 



'AGE. 


Sec. Opn. 


15 


10 


22 


16 


68,69 


58a 


82 


78 


92 


78a 


99 


98c 



REGENTS 

of the University; when and how appointed 81, 82 78 

expenses of University regents : 84 84 

of state Normal School 86 87 

of the Prpparatory Branch of the University i03 98c 

of West Virginia ColOJ'ed Institute 97 986 

of West Virginia Schoo! for Deaf and Blind 91 98a 

of Bluefield Colored Institute 105 98c 

REGISTERS 

term and daily 86, 37 30 

to be leturneil..... 37 30 

penalty for failure to return 37 80 

REPORTS 

trusteps' 

sei rrtary's 

county superintendent's, of enumeration , 

c.'iinry supprintendeut's, to state superintendent , 

of principals Of normal school^" >., 



S.^L RY 

of teachers fixed by board of education 

t'l bf- fixed according to grade of certificate, 
mioimum to be paid teachers 



25 


20 


25 


21 


25 


19 


27 


22 


89 


95 


11 


6 


11 


6 


11 


6 



SCHOOL FUND. 

(See Permanent school fund and General school fund . ) 

SCHOOL HOUSES 

to be provided by board of education 

how to be located 

for union schools; how piovided 

plan tw be approved bj couuty superintendent 

liow soJd at public auction 40 83 



SCHOOL .^GE 

auQ who may have school privileges 15 10 

SCHOOL BOOK BOARD 

state, general provisions in regard io 63, 64 58 

county, general provisions in regard to .. 68 58a 

members of. how appointed, &s 68 58a 

quorum of county 68,69 58a 

first meeting of, when '. 69 58a 

to secure terms and fix retail price 69 58a 

to meet six months before state contract expires 70 58a 

to meet three months before county contract expires 70 68a 

not to change more than one book or series in one year. 70 58a 

SCHOOLS 

may be discontinued ; when 19 13 



41 


34 




41 


34 


106,7 


41 


34 


103 


42 


35 





Index. 131 



proceeds of sale of school property 

how school property may be reeonveyed to grantor. 
title to property on which, are located , 



SCHOOL MONTH 

to consist of twenty days not including Saturday. 

SCHOOL OFFICERS 

teachers are ^ 

not to actas agents 

not to act as [agents 



SCHOOL TERM 

increase in leugth of 
minimum length of.... 



SCHOOL YEAR 

to commence and to end; when 

all settlements to be made with respect to. 
calendar of 



SECRETARY OF BOARD OF EDUCATION 

appointment of 

to give notice of special election 

to sign orders on sheriff 

oflacial records to he kept by 

to be custodian of records for the board 

to publish abstracts of proceedings; when 



to certify value of property, rate and amount of levy.. . 



to keep record of enumeration and to certify to.. 

to make report of colored schools 

to file teachers' term register 

to publish statement when expenditures equal $3,000 

compensation of 

secretary's remuneraiion for report 

no additional compensation 

report of, to county superintendent 

to charge sheriff with amount from depositaries 

to sign depositary's list of books and send to publishers , 

SECRETARY OF COUNTY SCHOOL BOOK BOARD 

county superintendent to be 

to keep record of business , 

to keep record of votes 

to report to state superintendent 

to furnish state superintendent with names of publishers... 

SHERIFF 

to receive, collect and disburse school moneys 

required to give special bond; when 

to collect levies of board of education 

to pay teachers monthly 

to serve notice on members of board of education 

annual settlement of, with county court 

to keep account Avith the several boards of education 

settlement of, with board of education 

to be credited with delinquent taxes 

to be credited with all vouchers in hand 

not to receive pay for disbursing state school fund 

commission of, for receiving and disbursing railroad taxes. 



132 Index. 



judgment against, may be obtainedi'how 

maybe required to endorse scbool order. _ 

to return delinquent lists 

form of oath of, to delinquent lists 

to receive delinquent list of personal property 

commission of. for collecting district levies 

liable if he refuse to pay orders 

to make annual settlement Avith county court 53, 54 

duty of, on making final settlement 

to receipt to depositaries... 

to pay publishers' orders for book supplies 

to give duplicate receipts to depositaries 

to receive portion of general school fund 

STATE BOARD OF EXAMINERS 

of,whom to consist: how appointed and term 

meetings and stated examinations 

vacancies in, how filled 

compensation and traveling expenses of members of 

certified account of, to state superintendent of free schools 

record of proceedings of 



STATE CERTIFICATE 

classes of, to whom issued 

how issued to graduates 

to be countersigned by state superintendent. 

Talid in any school district 

fees for 



Page. I 


Sec. Opn. 


51 


46 


51 


46 


52 


47 


52 


47 


53 


51 


53 


52 


73 


58a 


53, 54 


52 


54 


52 


65 


58 


66 


58 


73 


58rt 


76 


62 


35 


29a 


35 


29a 


35 


29a 


36 


29a 


86 


29a 


36 


29a 


35 


29a 88 


35 


29a Sa 


86 


29a 


36 


29a 


36 


29o 



STATE NORMAL SCHOOL AND ITS BRANCHES 

establishment of 8C, 87 87 

regents of, hoAv appointed; duties 86,8787-88 

executive committee of, how appointed; duties 88 89 

branch of , at Fairmont, established 88 90 

branch of , at West Liberty, established 88 91 

branch of, at Glenville, established 88 92 

branch of, at Shepherdstown, established 88, 89 93 

branch of, at Concord, established 89 94 

reports of principals of, to president of regents- 89 95 

students admitted to; how; tuition 89,9096-97 145 

no more appropriations for establishing new branches of 7 11 

unearned portion of appropriation for 90 97 

8TATE SCHOOL BOOK BOARD 
(See School Book Board.) 

STATE SUPERINTENDENT OF FREE SCHOOLS 

constitutional provisions relating to 5 2 

qualifications of 77 68 

expenses, limit of 5,77 2,63 

to prescribe manual and graded course of study 16 11 

to prescribe and furnish blanks for taking enumeration, 25 19 ...... 

to countersign state certificate 36 29a 

to prescribe form of registers 37 30 

to fix time and place of holding institutes.. 37 80 

to employ institute instructors 37 30 

to prescribe graded course of institute work 38 30 

to prescribe coui S3 of professional study 88 30 

to draw warrant upon auditor for county superintendents' salary.. 55 58 

to contract with publishers for prescribed text-books 62 58 

to ascertain amounts of general school fund by counties 76 61 ...... 



Index. 133 



salary of; liow paid 

office of, to b3 kept at seat of government, 
to provide a seal of office. 



to sign requisitions on auditor 

to have supervision of county superintendents 

to prescribe and prepare all forms and blanks 

to publisb and distribute school laws _ 77, 7 

to correspond with educators and school officers 

to make report to the Governor 

a member of the board of the school fund 

member board of regents Bluefield colored institute 

member of board of regents of slate normal 

member baard of regents preparatory branch of . Va. University 

to prepare diplomas for the normal schools 

to prepare and supply blank bonds and order lists 

to give order to discontinue use of unauthorized texts 

may be compelled by mandamus to give such order.. 

not liable for costs 

to notify county superintendents of failure of publishers _ 

STATE TAX. 

(See Taxation.) 

STUDENTS 

giving credit to, prohibited, 90 98 

SUB-DISTRICTS 

appeal^from decision of board regarding boundaries of , 14 9 



Page. ! 


Sec.Ofm. 


77 


63 


77 


64 


77 


64 


77 


64 


77 


65 


77 


65 .. .. 


77,78 


65 


78 


66 


78 


67 


79 


69 


105 


98c 


86 


87 


103 


98c 


87 


88 


66 


58 


67 


58 


67 


58 


67 


58 


70 


58a 



TAX 

capitation, how appropriated 4 8 

capitation, exemption from 4 2 

state, rate of 75 60 

school orders to be received in payment of 51 121 

TAXATION 

maximum rate of , by county 4 7 

power of legislature in 4 5 



TEACHERS 

qualification of 15 10 

required to pass examination in certain branches 32-34 28,29 

form of contract between trustees and 113 

may be removed for what 19 13 

how punished for attempting bribery 19 13 

how to be paid 87, 56 30 94 

to keep daily register 36 80 

to keep term register 36,37 30 91 

to make monthly reports to secretary of board 37 80 89 

to take enumeration of school youth „ 24 19 

charged with duty of moral training 89 32 

exempt from certain duties 24 19 

exempt from institute attendance, when 38 30 

to be examined in physiology and hygiene 17 11a 

are school officers 13 8 18 

sa.bstitutes for 88 79 

not to act as agents 57 57 188 

liable for using unauthorized text-books 67,74 58,58o 

not liable for costs 67 58 

to forfeit for disobeying order of state superintendent 67, 68 58 

failing to attend institute not to be employed, or examined 88 80 96 



134: Index. 



Page. Sec. Opn. 

fine for violation of law by, when other penalty is not fixed 75 59 

TEACHER'S CERTIFICATE 
(See Certificates.) 

TEACHER'S CONTRACT 

form of to be furnished by state superintendent 18 13 

shall state what 18 13 

with whom to be filed 19 13 

TEACHERS' FUND 

annual levyfor 44, 45 40 

maximum rate of levy for ... 45 40 

used only to pay teachers' salary 45 40 116 

board compelled to lay levy for 45 40 

special levy for, when to be made 45 40117-119 

indebtedness of, how paid „.„ 45 40 120 

TEACHERS' INSTITUTE 
(See Institute.) 

TEXT BOOKS 

list of , prescribed for use in free schools 58-62 58 

provisions of state adoption laws for 58 58 

provisions of county adoption law for 68 58o 



TITLE 

to joint property, 
to lands donated.. 



TRANSFER OF PUPILS 
can be made; when, 
for what reason 



TRUSTEES 

time in which to qualify 

when appointed and length of term 

quorum of 

to be under supervision and control of board of education 

action of, subject to revision by board, when 

removal of, from oflBce, how 

vacancies in oflSce, how filled 

have charge of school 

may remove teacher for what 

cannot change teacher's salary as fixed 

may exclude whom from school 

may suspend or expel pupils for what 

action of expulsion may be reviewed by board of education 

may discontinue school, vvhen... 

to visit schools under their charge; when 

duties of, when visiting schools 

to offer suggestions to teachers 

duty of, regarding school houses 20, 21 

may sue iu name of board of education 

may permit school houses to be used for what , 

to furnish boards of education with estimate of Improvements 

to keep account of all expenses incurrsd by them. 

may purchase what 

how bills contracted by, are to be paid 

quorum of , and record of meeting of 

to establish colored schools; when 



41 


34 




43 


37a 




18 


12 




18 


.... 


34-37 


11 


5a 




10 


4 




22 


16 




17 


12 




17 


12 




19 


13 





10 


5 




18 


13 





19 


13 




11 


6 




19 


13 




19 


33 




19 


13 




19 


13 





20 


14 


41 


20 


14 


42 


20 


14 




21 


15 




21 


15 




21 


15 


43-17 


21 


15 




22 


16 


48 


22 


16 


48 


22 


16 




22 


16 




23 


17 


49 



Index. 



135 



Page. Sec. Opn. 



to make report to secretary of board of education 

not to employ a teacher who has not attended institute., 
to see that school houses are kept clean and fires made... 

not to be interested in contracts 

may order schools to begin any month 

not to act as agents 



TUITION 

tuition pupils , 

or transfer pupils , 

rate of, to whom paid and how applied. 

UNION SCHOOLS 

how established 

title to property of, how vested 

colored 



26 


20 


53 


88 


30 


95 


39 


32 


101-2 


41 


34 




46 


41 




57 


57 


138 


15 


10 




18 


12 


34-87 


15 


10 


21,22 


41 


34103,104 


41 


84 




22 


17 





UNIVERSITY, THE WEST VIRGINIA 
establishmeni and name of 



81 76-77 

the board of regents of , duties 81,82 78 

graduation of students 84 85 

general regulations pertaining 83 80 

departments in, how established 83 79 

preparatory department of, may be established 83 81 

cadets, how admitted to 83, 84 82 

endowment fund of, how invested 84 86 



VACANCIES 

in office of trustee, how filled 

in board of education; how filled 

in office of county superintendent, how filled 10,56,56 

in board of examiners 

in state board of examiners 

in county school book board 

in board of regents of University 

in board of regents of Schools for Deaf and Blind 

in board of directors of Reform School 



WEST VIRGINIA REFORM SCHOOL 

establishment and object of 

how inmates are admitted to 

board of directors of 



WEST VIRGINIA COLORED INSTITUTE 

hoiv and under what provisions established. 

name and location of 

board of regents of 

buildings and appropriations for 



10 


5 


10 


5 


,56 


53 


31 


27 


35 


29a 


68 


58a 


82 


78 


91 


98a 


99 


98c 


98 


98c 


100 


98c 


99 


98c 


95 


986 


97 


98& 


97 


986 



98 986 



WEST VIRGINIA SCHOOLS FOR DEAF AND BLIND 

name of 

board of regents of 

duties of principal of 

general regulations and provisions for , 

duties of county officers in respect to 



91 98a 

91 98a 

92 98a 
92-93 98a 

94 98a 



WHEELING, CITY OF 

free schools of, not affected by general law 80-81 75 

superintendent of, qualifications of , , 81 75 



141 



